assignment of mortgage - Part 3

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VIDEO EVERYONE SHOULD WATCH: ABC NEWS ON FORECLOSURE FRAUD

VIDEO EVERYONE SHOULD WATCH: ABC NEWS ON FORECLOSURE FRAUD

Highlights:

  • State Official Moon Lights as a Robo Signer in Florida
  • Reminder to help your neighbor when in need
  • Children are confused

 

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, CONTROL FRAUD, corruption, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, robo signers, signatures, stopforeclosurefraud.com3 Comments

NY BANKRUPTCY COURT In Re: Fagan DECISION GRANTING SANCTIONS FOR MOTION TO LIFT STAY BASED ON FALSE CERTIFICATION

NY BANKRUPTCY COURT In Re: Fagan DECISION GRANTING SANCTIONS FOR MOTION TO LIFT STAY BASED ON FALSE CERTIFICATION

Please read this case and the words this Judge uses ….It appears that Steven J. Baum P.C. has been up to this for quite some time.

UNITED STATES BANKRUPTCY COURT FOR PUBLICATION

SOUTHERN DISTRICT OF NEW YORK

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – x

In re: :

Chapter 13

EILEEN FAGAN, :
Case No. 04 B 23460 (ASH)
Debtor. :
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – x
A P P E A R A N C E S :
LAW OFFICE OF SHMUEL KLEIN, P.C.
Attorneys for Debtor
By: Shmuel Klein, Esq.
268 Route 59
Spring Valley, NY 10977

STEVEN J. BAUM, P.C.
Attorneys for Secured Creditor
By: Dennis Jose, Esq.
220 Northpointe Parkway, Suite G
Amherst, NY 14228

ADLAI S. HARDIN, JR.
UNITED STATES BANKRUPTCY JUDGE

DECISION GRANTING SANCTIONS FOR MOTION TO LIFT STAY BASED ON FALSE CERTIFICATION

In In re Gorshstein, 285 B.R. 118 (Bankr. S.D.N.Y. 2002) I granted sanctions against secured creditors in three separate cases where the secured creditors moved to vacate the automatic stay on the basis of false certifications of post-petition defaults. The Gorshstein decision was “provoked by an apparently increasing number of motions in this Court to vacate the automatic stay filed by secured creditors often based on attorney affidavits certifying material post-petition defaults where, in fact, there were no material defaults by the debtors.” 285 B.R. at 120.

The Secured Creditor’s motion to lift the stay in this case is, in the vernacular, a “poster child” for the type of abuse condemned in the Gorshstein decision. It is one of several such motions to come before me in recent months. This decision granting substantial sanctions in favor of the debtor and her attorney is published to reiterate and reinforce my strongly-held view that debtors must not be subjected to the risk of foreclosure and loss of their homes on the basis of false certifications of post-petition defaults.

Jurisdiction

This Court has jurisdiction over this contested matter under 28 U.S.C. §§ 1334(a) and 157(a) and the standing order of reference in this District dated July 10, 1984 (Acting Chief Judge Ward).

This is a core proceeding under 28 U.S.C. § 157(b).

The Facts

By Notice of Motion and Application both dated June 1, 2007 Deutsche Bank Trust Company of America’s f/k/a Bankers Trust Company, as Trustee c/o Homecomings Financial, LLC (the “Secured Creditor”) moved to terminate the automatic stay with respect to the debtor’s residential real property in Stony Point, New York (the “Property”). The Secured Creditor holds by assignment a note dated October 9, 2001 in the amount of $284,750.00 secured by a mortgage on the Property. The Application recited that as of May 30, 2007 there was an unpaid principal balance on the loan of $278,043.61 with interest thereon in the amount of $20,553.51 plus late charges in the amount of $946.28, aggregating $299,543.40.

The debtor filed her petition under Chapter 13 on September 21, 2004. Thus, the debtor’s first post-petition mortgage payment was due for October 2004. Paragraph 3 of the Application states as follows:

As of the 30th day of May, 2007, the Debtor has failed to make 4 post-petition payments in the amount of $4,020.03 which represents the payments due the 1st day of February, 2007 through May, 2007 and has not cured said default.

As amplified below, this statement was false.

Annexed to the Application was an affidavit sworn to by John Cody, an Assistant Vice President of Homecomings Financial Network, sworn to April 3, 2006 in which Mr. Cody swore in paragraph 5:

As of the 31st day of March, 2006, the Debtor has failed to make 2 post-petition payments in the amount of $3,709.17 which represents the payments due the 1st day of February, 2006 through March, 2006 and has not cured said default.

The Cody affidavit was submitted in support of a motion filed by the Secured Creditor in 2006 and was erroneously annexed to the instant motion. The quoted statement from the Cody affidavit was false when made in 2006. Belatedly recognizing that the Cody affidavit applied to the Secured Creditor’s baseless 2006 motion to lift the stay, on June 8, 2007 counsel for the Secured Creditor filed an affidavit sworn to by Dory Goebel, a Bankruptcy Representative of Homecomings Financial, LLC, sworn to June 1, 2007.

In paragraph 5 of his affidavit, Mr. Goebel swore as follows:

As of the 30th day of May, 2007, the Debtor has failed to make 4 post-petition payments in the amount of $4,020.03 which represents the payments due the 1st day of February, 2007 through May, 2007 and has not cured said default.

Mr. Goebel’s sworn statement quoted above was false.

The instant motion was noticed for presentment on June 14 with a hearing date of June 20, 2007 if objections were timely served and filed. On June 6 counsel for the debtor filed the debtor’s affirmation in opposition noting that since the filing of her case she had made all post-petition payments required under the mortgage, and all such payments were cashed by the Secured Creditor.

Copies of the debtor’s payment checks were attached to the opposing affirmation. The debtor sought punitive sanctions for the “frivolous motion,” the Secured Creditor’s second such motion. The Secured
Creditor’s attorney responded with a “Reply Affirtmation [sic] in Support of Secured Creditor’s Motion
to Terminate the Automatic Stay” dated June 13, 2007 (the “Reply Affirmation”). The Reply Affirmation
noted that the initial Application incorrectly annexed the 2006 Cody affidavit and substituted the June 1, 2007 Goebel affidavit quoted above as Exhibit B. The Reply Affirmation also annexed as Exhibit C a document entitled “Post Petition Payment History for: Eileen Fagan BK Case No. 04-23460” with a notation at the bottom “ledger prepared on 06/13/07.” This “Post Petition Payment History” is one of several such documents submitted by the Secured Creditor, all of which are of central importance on this contested matter because, as explained below, they all demonstrate that the debtor was substantially current at all times post-petition. Despite Exhibit C, the Reply Affirmation concludes “that as of the Date of the Motion, the Debtor was due for the Months of February 2007 through May 2007 and the Month of June 2007 had become due.” As amplified below, Exhibit C demonstrates that this statement was false.

The debtor responded by submitting a July 10, 2007 “Sur-Reply Affirmation in Opposition and Request for Attorney Fees” signed by Linda Fagan, the debtor’s mother. The Sur-Reply Affirmation stated in relevant part as follows:

3. My daughter had a nervous breakdown aggravated by this bank about two years ago. Since then, I made each of the monthly mortgage payments to Homecomings which is the servicer for Deutsche Bank Trust Company and they have CASHED thy [sic] payments.

4. The latest submission is an outright lie, deceptive and deliberately out of order. . . .

5. Homecomings said they did not get the March 2007 payment and I immediately went to Western Union and sent them payment — which they accepted –- the day I found out about it.

6. Homecomings deliberately holds the mortgage payment checks for several weeks and then cashes them to create late fees and penalties. They also hold the checks for months, and then put two or three checks all in at once to create a bounce check situation.

7. I sent the May 2007 mortgage on or about May 14, 2007. When the check did not clear, I immediately called Homecomings when our May bank statement was received and inquired if they received the check. After being on hold for 45 minutes, they acknowledged that they received the check, but the account servicing agent did not know why it was not cashed. I called again two weeks later and they now said they never got the check. I called my attorney and he advised me to stop the check and then overnight another check on June 13, 2007. Even though they received it by OVERNIGHT courier on June 14, 2007, it was not cashed until June 27, 2007. See Exhibit “A”.

8. Incredulously [sic], they then tried to cash the May 2007 “lost check” which I stopped (they first said they received and then said they never received) and then sent me notice to me [sic] in July that the check was “returned unpaid”. See Exhibit “B”.

7. [sic] I AM CURRENT. I have not missed a payment and am paying more than I have to. . . .

It is significant that no affidavit contesting Linda Fagan’s statements was submitted by the Secured Creditor.

A hearing on the motion was held on July 17, 2007 attended by the attorneys for both sides. At the hearing the Secured Creditor submitted a revised but undated “Post Petition Payment 1 Paragraph 6 of the Supplemental Reply Affirmation states:

6. This Law Firm regrettably concedes that during the preparation of the Motion for Relief from Stay and the Bank Affidavit, it erroneously represented that the Debtor was due for the months of February through May of 2007 when in fact the Debtor was due for the months of April through May of 2007. (Emphasis in original)

History for: Eileen Fagan,” which I received in evidence as Court Exhibit 1. After hearing oral argument of counsel, I adjourned the hearing to August 22 in order to give the Secured Creditor an opportunity to make a further submission demonstrating, if it could, that the debtor was in arrears post-petition, which did not appear likely in view of the original “Post Petition Payment History” prepared on 06/13/07 and the amended “Post Petition Payment History” marked Court Exhibit 1. After oral argument at the August 22 hearing, I scheduled a final hearing for September 18.

The Secured Creditor’s attorney then submitted a “Supplimental [sic] Reply Affirtmation [sic] in Support of Secured Creditor’s Motion to Terminate the Automatic Stay” dated August 31, 2007 (“Supplemental Reply Affirmation”). The Supplemental Reply Affirmation annexes as Exhibit C a copy of the “Post Petition Payment History” which was marked as Court Exhibit 1 at the July 17 hearing. It also annexes as Exhibit B yet another “Post Petition Payment History” (undated) with numbers slightly different from the numbers contained on Exhibit C (Court Exhibit 1). The Supplemental Reply Affirmation acknowledged error in the original motion,1 but concluded that “when the Motion for Relief was filed on June 1, 2007, the Debtor was delinquent with her post-petition mortgage obligations and due for the months of April 2007 through May 2007.” Once again, as amplified below, all three versions of the Secured Creditor’s Post Petition Payment History demonstrate that the debtor has never been materially delinquent in her post-petition mortgage obligations.

Paragraph 15 of the Supplemental Reply Affirmation states that “As per the most recent information received from the Secured Creditor, the Debtor has paid monies subsequent to the filing of the Motion that would bring her post-petition current.” The Affirmation notes further that the debtor has commenced a 16-count adversary proceeding complaint against the Secured Creditor which raises, inter alia, certain of the allegations of bad faith asserted by the debtor against the Secured Creditor in opposing the motion to lift the stay. Consequently, in the “Wherefore” clause “Secured Creditor respectfully requests a finding that its Motion for Relief dated June 1, 2007 was filed in good faith and said Motion be marked withdrawn with the parties to litigate the issued [sic] raised by the Debtor in her opposition in detail within the confines of the now pending Adversary Proceeding.”

At the September 18 third and final hearing on this motion to lift stay, I asked the Secured Creditor’s attorney to explain and confirm the significance of the several Post Petition Payment History computer printouts submitted by Secured Creditor in purported support of the motion. To that we now turn.

The Debtor’s Post-Petition Payment History For purposes of this analysis, I shall focus on the Post Petition Payment History which was submitted by the Secured Creditor at the July 17 hearing and marked as Court Exhibit 1, a copy of which was submitted as Exhibit C to the Secured Creditor’s Supplemental Reply Affirmation.

Since the debtor’s Chapter 13 case was filed on September 21, 2004, the first postpetition mortgage payment was due October 1, 2004, with a two-week grace period.

The following reproduces the Court Exhibit 1 version of the debtor’s Post Petition Payment History in material part:

2 The “Date” column apparently lists the dates when the Secured Creditor cashed and/or credited the debtor’s payments, not the dates when the payments were delivered to or received by the Secured Creditor. See paragraph 6 of the Linda Fagan affirmation, quoted above.

<SNIP>

Conclusion

Motions to lift the stay may be routine and inconsequential to secured creditors and their counsel. But to a debtor and his or her family, such a motion and the consequent loss of the family home may be devastating. Most creditors and counsel are conscientious. But some are callous by design or inadvertence, as exemplified by this motion and two others presented to the Court the same week. The danger here is that a debtor who does not have an attorney or the resources of intellect or spirit to defend against a baseless motion may lose his/her home despite being current on post-petition mortgage and plan payments.

I know of no way to protect against such an eventuality if no material consequence attaches to the filing of motions based upon false certifications of fact. Secured creditors and their counsel who know that filing a false motion to lift the stay will result in material sanctions if caught will undoubtedly be motivated to a higher standard of care.

Dated: White Plains, NY

September 24, 2007

/s/Adlai S. Hardin, Jr.

U.S.B.J.

[ipaper docId=38768934 access_key=key-i1u0ddloqptuqiwhuuu height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, bankruptcy, bogus, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Office Of Steven J. Baum, STOP FORECLOSURE FRAUD0 Comments

KABOOM BOOM BOOM!! ATTORNEY NICK WOOTEN CLASS ACTION AGAINST WELLS FARGO, LENDER PROCESSING SERVICES INC.

KABOOM BOOM BOOM!! ATTORNEY NICK WOOTEN CLASS ACTION AGAINST WELLS FARGO, LENDER PROCESSING SERVICES INC.

We all have come to know Mr. Wooten for his brilliant, outstanding, incredible job deposing the MERSCORP Executives.

This complaint will chip the concrete, titanium walls these corporations have  shielded behind for quite some time.

From: Brian Davies

[ipaper docId=38755799 access_key=key-iqhjcbbur1eq357idzj height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, LPS, lps default solutions Inc., MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Nick Wooten, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, trustee, Trusts, wells fargo2 Comments

Flawed paperwork gnaws at bank foreclosures

Flawed paperwork gnaws at bank foreclosures

By Jerry Kronenberg
Tuesday, October 5, 2010 –

Bay State lawyers who specialize in fighting home seizures are declaring war on the banking industry, which is admitting that thousands of U.S. foreclosure cases might involve flawed paperwork.

“Foreclosure defense and fraud litigation is going to make (1998’s $200 billion tobacco-industry settlement) look like a grocery-store slip-and-fall case,” Nantucket lawyer Jamie Ranney predicted after Bank of America halted foreclosures in 23 states over the weekend.

The moratorium, which GMAC and JP Morgan Chase launched last week, doesn’t currently include Massachusetts. But Attorney General Martha Coakley has asked lenders to add the Bay State to the list.

Continue reading…BOSTON HERALD

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, robo signers, settlement1 Comment

CASE EVERYONE SHOULD READ: DEUTSCHE BANK TRUST AMS. AS TRUSTEE v. McCoy, 2010 NY Slip Op 51664 – NY: Supreme Court, Suffolk

CASE EVERYONE SHOULD READ: DEUTSCHE BANK TRUST AMS. AS TRUSTEE v. McCoy, 2010 NY Slip Op 51664 – NY: Supreme Court, Suffolk

2010 NY Slip Op 51664(U)

DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff(s),
v.
DEREK McCOY; EDYTA McCOY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMECOMINGS FINANCIAL, LLC, (F/K/A HOMECOMINGS FINANCIAL NETWORK, INC.) BOARD OF MANAGERS OF THE SILVER CHASE CONDOMINIUM; “JOHN DOE #1-5 AND “JANE DOE #1-5” SAID NAMES BEING FICTITIOUS, IT BEING THE INTENTION OF Plaintiff TO DESIGNATE ANY AND ALL OCCUPANTS, TENANTS, PERSONS OR CORPORATIONS, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES BEING FORECLOSED HEREIN, Defendant(s).

7782-2008. Supreme Court, Suffolk County.

Decided September 21, 2010. Fein, Such & Crane, LLP, 747 Chestnut Ridge Road, Chestnut Ridge, New York 10977-6216, Attorneys for Plaintiff.

Derek McCoy, Edyta McCoy, 35 Gibbs Road, Coram, New York 11727, Defendants Pro Se.

PETER H. MAYER, J.

UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of the foregoing papers, the motion is decided as follows: it is

ORDERED that plaintiff’s resubmitted application (seq. # 002) for an order of reference in this foreclosure action is considered under 2009 NY Laws, Ch. 507, enacted December 15, 2009, and 2008 NY Laws, Ch. 472, enacted August 5, 2008 (as amended), as well as the related statutes and case law, and is hereby denied without prejudice, and with leave to resubmit upon proper papers, for the reasons set forth herein; and it is further

ORDERED that, inasmuch as the plaintiff has failed to properly show that the homeowner-defendants are not entitled to a foreclosure settlement conference, pursuant to CPLR 3408 such conference is hereby scheduled for November 17, 2010, 9:30 a.m., in the courtroom of the undersigned, located at Room A-259, Part 17, One Court Street, Riverhead, NY 11901 (XXX-XXX-XXXX), for the purpose of holding settlement discussions pertaining to the rights and obligations of the parties under the mortgage loan documents, including but not limited to, determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing their home, and evaluating the potential for a resolution in which payment schedules or amounts may be modified or other workout options may be agreed to, and for whatever other purposes the Court deems appropriate; and it is further

ORDERED that “Sherry Hall,” who purports, in this particular case, to be the Vice President of Homecomings Financial Network, Inc., the purported attorney-in-fact for the plaintiff, shall appear at the November 17, 2010 Foreclosure Settlement Conference; and it is further

ORDERED that “Nikole Shelton,” the individual who purportedly notarized Ms. Hall’s signature in this particular action, as well as in the action entitled GMAC Mortgage, LLC v Ingoglia, under Suffolk County Index Number XXXX-XXXX, shall appear at the November 17, 2010 Conference; and it is further

ORDERED that any attorney appearing at the conference on behalf of the plaintiff (including a per diem attorney) shall, pursuant to CPLR 3408, be fully authorized to dispose of the case; and it is further

ORDERED that the plaintiff shall bring to all future conferences all documents necessary for evaluating the potential settlement, modification, or other workout options which may be appropriate, including but not limited to the payment history, an itemization of the amounts needed to cure the default and satisfy the loan, and the mortgage and note; if the plaintiff is not the owner of the mortgage and note, the plaintiff shall provide the name, address and telephone number of the legal owner of the mortgage and note; and it is further

ORDERED that the plaintiff shall promptly serve, via first class mail, a copy of this Order upon the homeowner-defendants at all known addresses (or upon their attorney if represented by counsel), as well as upon all other appearing parties, and shall provide the affidavit(s) of such service to the Court at the time of the scheduled conference, and annex a copy of this Order and the affidavit(s) of service as exhibits to any future applications submitted to the Court; and it is further

ORDERED that in the event any scheduled court conference is adjourned for any reason, the plaintiff shall promptly send, via first class mail, written notice of the adjourn date to the homeowner-defendants at all known addresses (or upon their attorney if represented by counsel), as well as upon all other appearing parties, and shall provide the affidavit(s) of such service to the Court at the time of the subsequent conference, and annex a copy of this Order and the affidavit(s) of service as exhibits to any future applications submitted to the Court; and it is further

ORDERED that with regard to any future applications submitted to the Court, the moving party(ies) must clearly state, in an initial paragraph of the attorney’s affirmation, whether or not the statutorily required foreclosure conference has been held and, if so, when such conference was conducted; and it is further

ORDERED that with regard to any scheduled court conferences or future applications by the parties, if the Court determines that such conferences have been attended, or such applications have been submitted, without proper regard for the applicable statutory and case law, or without regard for the required proofs delineated herein, the Court may, in its discretion, strike the non-compliant party’s pleadings or deny such applications with prejudice and/or impose sanctions pursuant to 22 NYCRR §130-1, and may deny those costs and attorneys fees attendant with the filing of such future applications.

In this foreclosure action, the plaintiff filed a summons and complaint on February 26, 2008. The complaint essentially alleges that the homeowner-defendants, Derek McCoy and Edyta McCoy, defaulted in payments with regard to a December 8, 2006 mortgage in the principal amount of $288,000.00 for the premises located at 35-34 Gibbs Road, Coram, New York 11727. The original lender, Homecomings Financial, LLC, had the mortgage assigned to the plaintiff by assignment dated February 28, 2008, two days after the commencement of the action. According to the court’s database, a foreclosure settlement conference has not yet been held. The plaintiff’s application seeks a default order of reference and requests amendment of the caption to remove the “Doe” defendants as parties. Plaintiff’s counsel contends that the “present application corrects the specified defects articulated in the [December 4, 2008]Short Form Order.” Notwithstanding counsel’s contention, plaintiff’s current application fails to correct several defects, and presents other grounds which preclude an order of reference in favor of the plaintiff.

By Order dated December 4, 2008, the plaintiff’s prior application for the same relief was denied without prejudice, and with leave to resubmit upon proper papers, to allow the plaintiff to properly show whether or not the subject loan is a “subprime home loan” or a “high-cost home loan” as defined by statute, thereby entitling the defendants to a foreclosure settlement conference pursuant to the then-applicable 2008 NY Laws, Chapter 472. In this regard, the plaintiff’s attorney has submitted a letter in which he claims that it is his “belief that the mortgage being foreclosed is not a sub-prime home loan and is not subject to the [foreclosure conference] requirements.” Counsel also submits an Affirmation of Compliance with CPLR 3408, which states that “[w]e have determined that this loan is not subprime,” and that the defendants “are not entitled to a court conference” (emphasis in original).

Despite counsel’s assertions, the plaintiff’s own affidavit of merit states that “[w]e have determined that this loan is subprime” and that “the defendants are entitled to court conference” (emphasis added). The direct contradiction between counsel’s “belief” and the assessment of one whose affidavit states, as in this case, that she has “first-hand knowledge of the facts and circumstances surrounding this action,” validates this Court’s approach in refusing to accept counsel’s assertions as fact in any given foreclosure action. The mistaken “belief” of an attorney who has no personal knowledge of the facts, yet opines in court documents that a homeowner-defendant is not entitled to a statutorily required court conference, may prejudice the homeowner’s rights while subjecting the attorney to otherwise avoidable court sanctions. Since the plaintiff has failed to adequately show that the homeowner-defendants are not entitled to a foreclosure settlement conference, such conference shall be held on November 17, 2010, 9:30 a.m.

The Court’s December 4, 2008 Order also specifically stated that “[w]ith regard to any future applications … plaintiff’s papers shall include … evidentiary proof of compliance with the requirements of CPLR §3215(f), including but not limited to a proper affidavit of facts by the plaintiff [or by plaintiff’s agent, provided there is proper proof in evidentiary form of such agency relationship], or a complaint verified by the plaintiff and not merely by an attorney or non-party, such as a servicer, with no personal knowledge.”

In an apparent effort to satisfy the requirements of CPLR §3215(f), the plaintiff submits an affidavit of merit from “Sherry Hall,” who purports in this particular case to be the Vice President of Homecomings Financial Network, Inc. (“Homecomings”), the purported attorney-in-fact for the plaintiff. The Limited Power of Attorney annexed to the affidavit, however, does not name Homecomings as the attorney-in-fact. Instead, it names Residential Funding Company, LLC. Therefore, the Court cannot conclude that the affidavit was “made by the party” as required by CPLR §3215(f) (emphasis added). Notably, the instructions on the power-of-attorney form also require the form to be recorded and returned not to the plaintiff bank, nor to Homecomings as the purported attorney-in-fact, but rather to “GMAC ResCap.” This raises certain concerns, particularly given the nature of the affidavit of merit submitted in this case, as compared to the affidavit of merit submitted to the Court by the same attorneys in an unrelated foreclosure matter, GMAC Mortgage, LLC v Ingoglia, under Suffolk County Index Number XXXX-XXXX.

In the Ingoglia case (which was recently discontinued), counsel submitted an affidavit of merit from “Sheri D. Hall” in her purported capacity as Vice President of GMAC Mortgage, LLC. That affidavit was notarized by Nikole Shelton on April 14, 2009. Just weeks earlier, on March 25, 2009, Ms. Shelton notarized an affidavit of merit from “Sherry Hall” in this case, in which Ms. Hall purports to be Vice President of Homecomings. It would appear, therefore, that Ms. Hall purports to be the Vice President of two different banks almost simultaneously. Furthermore, although the affidavit in this case appears to have been notarized by Ms. Shelton on March 25, 2009, it appears to have been signed by Ms. Hall five (5) days later, on March 30, 2009, after it was notarized.

The “Hall” affidavit in each case is accompanied by a Certificate of Acknowledgment notarized by “Nikole Shelton” in Montgomery County, Pennsylvania. Both Certificates state that the individual executing the affidavits “personally appeared” before Nikole Shelton. Both state that the affiant was “personally known to [Nikole Shelton] or proved to [Nikole Shelton] on the basis of satisfactory evidence to be the individual whose name is subscribed to the [affidavit].” Notwithstanding these assertions by Ms. Shelton in both cases, the affidavit submitted to the Court in Ingoglia was executed by one who printed and signed her name as “Sheri D. Hall,” while the affidavit submitted in this case was executed by one who printed and signed her name as “Sherry Hall.” Although the Court cannot function as a handwriting expert, the signatures in both affidavits appear virtually identical, despite the difference in the two names.

These facts raise questions concerning the true identity and veracity of the person signing the affidavits of merit, who swears to be the Vice President of two different banks almost simultaneously, as well as the veracity of Nikole Shelton, in notarizing both signatures. Accordingly, “Sherry Hall,” who submitted the affidavit of merit in this case, and “Nikole Shelton,” who purportedly notarized Ms. Hall’s signature in this case and purportedly notarized the signature of “Sheri D. Hall” in the Ingoglia case, shall appear at the November 17, 2010 conference, so the Court may determine whether or not it must conduct an evidentiary hearing on these issues.

Concerning assignment of the subject mortgage, this Court’s December 4, 2008 Order specifically required any resubmitted motion to include “evidentiary proof, including an affidavit from one with personal knowledge, of proper and timely assignments of the subject mortgage, if any, sufficient to establish the plaintiff’s ownership of the subject note and mortgage at the time the action was commenced, and that the assignment is not merely an invalid assignment or an assignment with an ineffectual retroactive date” (emphasis added). Despite this specific instruction, the plaintiff’s affidavit of merit merely states that the plaintiff “is still the holder of record of the … mortgage.” This statement fails to show that the plaintiff was the holder of the note and mortgage when the plaintiff commenced the action. The plaintiff filed the summons and complaint on February 26, 2008; however, the assignment of the mortgage to the plaintiff from the original lender, Homecomings Financial, LLC, is dated February 28, 2008, two days after the commencement of the action.

Only where the plaintiff is the assignee of the mortgage and the underlying note at the time the foreclosure action was commenced does the plaintiff have standing to maintain the action (U.S. Bank, N.A. v Collymore, 68 AD3d 752, 890 NYS2d 578 [2d Dept 2009]; Federal Natl. Mtge. Assn. v Youkelsone, 303 AD2d 546, 755 NYS2d 730 [2d Dept 2003]; Wells Fargo Bank, N.A. v Marchione, 69 AD3d 204, 887 NYS2d 615 [2d Dept 2009]; First Trust Natl. Assn. v Meisels, 234 AD2d 414, 651 NYS2d 121 [2d Dept 1996]). An assignment executed after the commencement of an action, which states that it is effective as of a date preceding the commencement date, is valid where the defaulting defendant appears but fails to interpose an answer or file a timely pre-answer motion that asserts the defense of standing, thereby waiving such defense pursuant to CPLR 3211[e] (see, HSBC Bank, USA v Dammond, 59 AD3d 679, 875 NYS2d 490 1445 [2d Dept 2009]). It remains settled, however, that foreclosure of a mortgage may not be brought by one who has no title to it and absent transfer of the debt, the assignment of the mortgage is a nullity (U.S. Bank, N.A. v Collymore, 68 AD3d 752, 890 NYS2d 578 [2d Dept 2009]; Kluge v Fugazy, 145 AD2d 537, 536 NYS2d 92 [2d Dept 1988]).

Indeed, a plaintiff has no foundation in law or fact to foreclose upon a mortgage in which the plaintiff has no legal or equitable interest (Wells Fargo Bank, N.A. v Marchione, 69 AD3d 204, 887 NYS2d 615 [2d Dept 2009]; Katz v East-Ville Realty Co., 249 AD2d 243, 672 NYS2d 308 [1st Dept 1998]). Either a written assignment of the underlying note or the physical delivery of the note prior to the commencement of the foreclosure action is sufficient to transfer the obligation, and the mortgage passes with the debt as an inseparable incident (U.S. Bank, N.A. v Collymore, 68 AD3d 752, 890 NYS2d 578 [2d Dept 2009]).

Although the February 28, 2008 assignment states it is “effective January 19, 2008,” such attempt at retroactivity is ineffectual. If an assignment is in writing, the execution date is generally controlling and a written assignment claiming an earlier effective date is deficient, unless it is accompanied by proof that the physical delivery of the note and mortgage was, in fact, previously effectuated (see, Bankers Trust Co. v Hoovis, 263 AD2d 937, 938, 694 NYS2d 245 [1999]). A retroactive assignment cannot be used to confer standing upon the assignee in a foreclosure action commenced prior to the execution of the assignment (Countrywide Home Loans, Inc. v Gress, 68 AD3d 709, 888 NYS2d 914 [2d Dept 2009]; Wells Fargo Bank, N.A. v Marchione, 69 AD3d 204, 887 NYS2d 615 [2d Dept 2009]). Plaintiff’s failure to submit proper proof, including an affidavit from one with personal knowledge, that the plaintiff was the holder of the note and mortgage at the time the action was commenced, requires denial of the plaintiff’s application for an order of reference.

In its prior Order, the Court also gave specific directives concerning proof of compliance with RPAPL §1303 and § 1320 for any resubmitted motions. In this regard, the prior Order required “evidentiary proof, including an attorney’s affirmation, of compliance with the form, type size, type face, paper color and content requirements of RPAPL §1303 regarding foreclosure notices, as well as an affidavit of proper service of such notice,” as well as “evidentiary proof, including an attorney affirmation, of compliance with the form, content, type size, and type face requirements of RPAPL §1320 regarding special summonses in residential foreclosure actions, and proof of proper service of said special summons” (emphasis supplied). Despite these very specific directives, the attorney’s affirmation in support of this resubmitted motion fails to address those sections. While the affidavit of service does state that the summons and complaint were served with a Section 1303 notice on colored paper and a Section 1320 notice, such information, by itself, is not proper proof that those notices were compliant with the specific form, content, type size, and type face requirements set forth in those statutes.

Lastly, the Court notes that although service of process was made upon defendant Derek McCoy by substitute service pursuant to CPLR 308(2), the additional mailing required for such service was never completed. Instead, the process server sent the additional mailing to defendant Edyte McCoy who is alleged to have received a copy of the summons and complaint by personal service pursuant to CPLR 308(1). Such personal service does not require an additional mailing to complete service. Based on the foregoing, the plaintiff has established neither completion of service upon the defendant, Derek McCoy, nor jurisdiction of this Court over that defendant.

Based upon the foregoing, the plaintiff’s motion is denied.

This constitutes the Decision and Order of the Court.

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, conflict of interest, deutsche bank, foreclosure, foreclosures, Notary, trustee3 Comments

MUST WATCH VIDEO: “FREEZING FORECLOSURES” on GOOD MORNING AMERICA ABC NEWS

MUST WATCH VIDEO: “FREEZING FORECLOSURES” on GOOD MORNING AMERICA ABC NEWS

Congratulations… Tywanna Thomas makes Good Morning America. Tywanna Thomas is/was an employee of Lender Processing Services/ DOCX and these documents were executed in DOCX’s office in Alpharetta, GA.

You may see her many signatures and employers below. “It’s not just her”

“If your going to take my house away from me you better be able to prove you own my house and you have the right to take the house away” -GERRY WILLIS

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Link to the source: ABCNEWS.com
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http://abcnews.go.com/GMA/YourMoney/video/banks-freeze-faulty-foreclosures-11792395


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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, CONTROL FRAUD, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, jeffrey stephan, Lender Processing Services Inc., LPS, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Notary, note, robo signers, Tywanna Thomas4 Comments

MAINE: Jeffrey Stephan “Deposition Transcript” Protective Order DENIED

MAINE: Jeffrey Stephan “Deposition Transcript” Protective Order DENIED

Excerpt:

In addition to renewing it’s Motion for Summary Judgment, Plaintiff has also filed a Motion for Entry of Protective Order pursuant to M.R. Civ. P. 26 (c). This motion is likewise denied.

Rule 26(c) provides that “for good cause shown” a court may enter a protective order “which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense….” M.R.Civ. P. 26(c). Plaintiff seeks a protective order prohibiting the dissemination of discovery materials obtained in this case.” Plaintiff’s Motion for Entry of Protective Order at 7. As grounds for it’s motion, Plaintiff points to the embarrassment GMAC and it’s employees have suffered, and will continue to suffer, from the posting of excerpts from Stephan’s deposition transcript on an Internet blog. The court is not persuaded that the Plaintiff has shown the requisite “ good cause” to justify entry of a protective order in this case. See e.g. Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 789 (1st Cir. 1988) (agreeing with Second Circuit in noting that “the party seeking a protective order has burden of  showing that good cause is not shown, the discovery materials in question should not receive judicial protection and therefore would be open to the public for inspection”) (citation omitted).

Stephan’s deposition was taken in advance a legitimate purpose, and the testimony elicited has directed probative value to dispute. Attorney Cox did not himself take action other that to share the deposition transcript with an attorney in Florida. That the testimony reveals corporate practices that GMAC finds embarrassing in not enough to justify issuance of a protective order. Further, Plaintiff has failed to establish that GMAC has been harmed specifically as a result of the dissemination of the June 7, 2010 deposition transcript, given that similarly embarrassing deposition from December 10, 2009 Florida deposition also appears on the Internet, and will remain even were this Court to grant Plaintiff’s motion. Accordingly, because Plaintiff has failed to satisfy it’s burden of persuasion under Rule 26(c), it’s Motion for Entry of Protective Order is denied.

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, concealment, conspiracy, deed of trust, deposition, foreclosure, foreclosure fraud, foreclosures, GMAC, jeffrey stephan, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers, servicers, STOP FORECLOSURE FRAUD, trade secrets3 Comments

WANTED: MERS CORPORATE RESOLUTION and SIGNING AGREEMENTS

WANTED: MERS CORPORATE RESOLUTION and SIGNING AGREEMENTS

Please send me any Corporate Resolutions or Signing Agreements you may have. These were provided mainly to Vendors/ Foreclosure Mills. Not easy to get but also not impossible.

Please use Email a Tip above this page.

I really want the Signatures of Both Sharon M. Hostkamp & William C. Hultman


What does the Corporate Resolution look like?

CORPORATE RESOLUTION

Be it Resolved that the attached list of candidates are employees of (Insert Name of MERS Member), a Member of Mortgage Electronic Registration Systems, Inc. (MERS), and are hereby appointed as assistant secretaries and vice presidents of MERS, and, as such, are authorized to:

(1) Release the lien of any mortgage loan registered on the MERS® System that is shown to be registered to the Member;

(2) Assign the lien of any mortgage loan naming MERS as the mortgagee when the Member is also the current promissory note-holder, or if the mortgage loan is registered on the MERS® System, is shown to be registered to the Member;

(3) Execute any and all documents necessary to foreclose upon the property securing any mortgage loan registered on the MERS® System that is shown to be registered to the Member, including but not limited to (a) substitution of trustee on Deeds of Trust, (b) Trustee’s Deeds upon sale on behalf of MERS, (c) Affidavits of Non-military Status, (d) Affidavits of Judgment, (e) Affidavits of Debt, (f) quitclaim deeds, (g) Affidavits
regarding lost promissory notes, and (h) endorsements of promissory notes to VA or HUD on behalf of MERS as a required part of the claims process;

(4) Take any and all actions and execute all documents necessary to protect the interest of the Member, the beneficial owner of such mortgage loan, or MERS in any bankruptcy proceeding regarding a loan registered on the MERS® System that is shown to be registered to the Member, including but not limited to: (a) executing Proofs of Claim and Affidavits of Movant under 11 U.S.C. Sec. 501-502, Bankruptcy Rule 3001-3003, and applicable local bankruptcy rules, (b) entering a Notice of Appearance, (c) vote for a trustee of the estate of the debtor, (d) vote for a committee of creditors, (e) attend the meeting of creditors of the debtor, or any adjournment thereof, and vote on behalf of the Member, the beneficial owner of such mortgage loan, or MERS, on any question that may be lawfully submitted before creditors in such a meeting, (f) complete, execute, and return a ballot accepting or rejecting a plan, and (g) execute reaffirmation agreements;

(5) Take any and all actions and execute all documents necessary to refinance, subordinate, amend or modify any mortgage loan registered on the MERS® System that is shown to be registered to the Member.

(6) Endorse checks made payable to Mortgage Electronic Registration Systems, Inc. to the Member that are received by the Member for payment on any mortgage loan registered on the MERS® System that is shown to be registered to the Member;

(7) Take any such actions and execute such documents as may be necessary to fulfill the Member’s servicing obligations to the beneficial owner of such mortgage loan (including mortgage loans that are removed from the MERS® System as a result of the transfer thereof to a non-member of MERS).

I, William C. Hultman, being the Corporate Secretary of Mortgage Electronic Registration Systems, Inc., hereby certify that the foregoing is a true copy of a Resolution duly adopted by the Board of Directors of said corporation effective as of the day of , which is in full force and effect on this date and does not conflict with the Certificate of Incorporation or By-Laws of said corporation.

____________________________________
William C. Hultman, Secretary

Excellent resource on MERS below from the law department:

[ipaper docId=38684960 access_key=key-20yk59rxvs8krda8j6gv height=600 width=600 /]


© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, foreclosure, foreclosure mills, foreclosures, investigation, Karen M. Horstkamp, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD, Wall Street, William C. HultmanComments Off on WANTED: MERS CORPORATE RESOLUTION and SIGNING AGREEMENTS

Wall Street Journal: Foreclosure? Not So Fast

Wall Street Journal: Foreclosure? Not So Fast

By now, most have read the Deposition of the Infamous Erica Johnson Seck. This is the homeowner Israel Machado speaking out about his foreclosure.

Thank you Ice Legal!

By ROBBIE WHELAN

LOXAHATCHEE, Fla.—Israel Machado’s foreclosure started out as a routine affair. In the summer of 2008, as the economy began to soften, Mr. Machado’s pool-cleaning business suffered and like millions of other Americans, he fell behind on his $400,000 mortgage.

But Mr. Machado’s response was unlike most other Americans’. Instead of handing his home over to the lender, IndyMac Bank FSB, he hired Ice Legal LP in nearby Royal Palm Beach to fight the foreclosure. The law firm researched the history of Mr. Machado’s loan and found two interesting facts.

First, the affidavits IndyMac used to file the foreclosure were signed by a so-called robo-signer named Erica A. Johnson-Seck, who routinely signed 6,000 documents a week related to foreclosures and bankruptcy. That volume, the court decided, meant Ms. Johnson-Seck couldn’t possibly have thoroughly reviewed the facts of Mr. Machado’s case, as required by law.

Secondly, IndyMac (now called OneWest Bank) no longer owned the loan—a group of investors in a securitized trust managed by Deutsche Bank did. Determining that IndyMac didn’t really have standing to foreclose, a judge threw out the case and ordered IndyMac to pay Mr. Machado’s $30,000 legal bill.

Mr. Machado and his lawyer, Tom Ice, say they now want to convince the owners of the mortgage to cut Mr. Machado’s loan balance to between $150,000 and $200,000—the current selling price for comparable homes in his community near West Palm Beach. “The whole intent was to get them to come to the negotiating table, to get me in a fixed-rate mortgage that worked,” Mr. Machado said.

Continue reading…WALL STREET JOURNAL

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, bogus, Bryan Bly, CONTROL FRAUD, deposition, deutsche bank, erica johnson seck, foreclosure, foreclosure fraud, indymac, note, onewest, robo signers1 Comment

KENTUCKY RICO CLASS ACTION INVOLVING MERSCORP, LPS, DOCX, GMAC, DEUTSCHE BANK, US BANK et al

KENTUCKY RICO CLASS ACTION INVOLVING MERSCORP, LPS, DOCX, GMAC, DEUTSCHE BANK, US BANK et al

KABOOM!!

I have a feeling this is not the last…

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, class action, deutsche bank, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, Lender Processing Services Inc., linda green, LPS, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., RICO, robo signers, STOP FORECLOSURE FRAUD6 Comments

NYSC LPS FORECLOSURE AFFIDAVIT ‘NO PERSONAL KNOWLEDGE’ & ‘FAILURE IN SUPPORT’

NYSC LPS FORECLOSURE AFFIDAVIT ‘NO PERSONAL KNOWLEDGE’ & ‘FAILURE IN SUPPORT’

INDEX NO. 16 150-2008
SUPREME COURT – STATE OF NEW YORK
I.A.S. PART 17 – SUFFOLK COUNTY
P R E S E N T :
Hon. PETER H. MAYER
Justice of the Supreme Court

BENEFICIAL HOMEOWNER SERVICE CORPORATION,

v.

TODD L. MASOTTI

In this foreclosure action, the plaintiff filed a summons and complaint on April 24, 2008, which essentially alleges that the defendant-homeowner(s), Todd L. Masotti and Michelle Casey, defaulted in payments with regard to a mortgage, dated September 20,2004, in the principal amount of $311,842.43, for the premises located at 38 Crestwood Lane, Farmingville, New York. Although the plaintiff annexes a power of attorney permitting “LPS Default Solutions, Inc.” to act on its behalf, the affidavit of merit is by an employee of “Lender Processing Services, Inc.” According to the court’s database, a foreclosure settlement conference was held on June 23,2010. The plaintiff now seeks a default order of reference and requests amendment of the caption to remove the “Doe” defendants. The plaintiffs application is denied for the following reasons:

(1) failure to submit evidentiary proof of compliance with the requirements of CPLR 3215(f), including but not limited to a proper affidavit of facts by the plaintiff [or by plaintiffs agent, provided there is proper proof in evidentiary form of such agency relationship], or a complaint verified by the plaintiff and not merely by an attorney or non-party, such as a servicer, who has no personal knowledge; and

(2) failure to submit an affidavit in support, which is in a properly sworn form, as required by CPLR 15 2 3 0 9( b) .

This constitutes the Decision and Order of the Court.
Dated: August 6, 2010

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, foreclosure, foreclosure fraud, foreclosures, Lender Processing Services Inc., LPS, lps default solutions Inc., mortgage, note, robo signers, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, Supreme Court1 Comment

WHAT LPS & THE MILLS DON’T WANT YOU TO KNOW…WHO REALLY OWNS THE NOTE!

WHAT LPS & THE MILLS DON’T WANT YOU TO KNOW…WHO REALLY OWNS THE NOTE!

Below is a document that Lender Processing Services, Inc. or it’s many subsidiaries submits by wire transmission to the foreclosure mill with instructions NOT to name the actual owner of the note on the foreclosure but in the name of the servicer!

“FORECLOSURE SHOULD BE IN THE NAME OF ”

It clearly states the names of the real parties:

  • SERVICER
  • TRUST
  • TRUSTEE/NOTE-OWNER
  • BORROWER

A foreclosure is rarely commenced under the “Real Entity.” So why do they keep this from us when they knew all along the real parties of interest? This was only discovered during an actual case or we would have never found this.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, chain in title, conflict of interest, CONTROL FRAUD, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, Lender Processing Services Inc., MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, racketeering, RICO, scam, securitization, servicers, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, Wall Street7 Comments

MASSACHUSETTES CALLS FOR A FORECLOSURE MORATORIUM

MASSACHUSETTES CALLS FOR A FORECLOSURE MORATORIUM

Coakley begins probe, calls for foreclosure moratorium

By Herald Staff
Saturday, October 2, 2010 –

Massachusetts Attorney General Martha Coakley called on Bank of America and other major creditors to delay all foreclosure proceedings and pledged to begin her own investigation in light of recent revelations that they may not have complied with the law.

Bank of America announced Friday it was delaying foreclosures in 23 states, not including Massachusetts, as it examines whether it rushed the foreclosure process for thousands of homeowners without reading the documents.

“Our office has been extremely active in holding major banks and Wall Street firms accountable during this foreclosure crisis. We are concerned about the revelations that Bank of America and other major lenders have failed to properly review foreclosure documentation,” Coakley said yesterday in a statement. “Our office is now investigating this apparent failure of major creditors to follow state foreclosure law to ensure that Massachusetts homeowners are properly protected. In light of these revelations, we are asking Bank of America and other major creditors to cease foreclosure proceedings for Massachusetts homeowners until they can demonstrate that they have complied with Massachusetts law.”

Continue reading…BOSTON HERALD

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, bank of new york, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, GMAC, MERS, MERSCORP, Moratorium, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD1 Comment

MUST READ| IS LPS’s Aptitude Solutions Software In Your County Courts & Land Records???

MUST READ| IS LPS’s Aptitude Solutions Software In Your County Courts & Land Records???

Aptitude Solutions’ ShowCase & OnCore Acclaim Software to Provide Greater Efficiency and
Secure Access to Courts & Land Records Information

This is IMPORTANT!!! They may go under similar names.

07/16/2010 – Lake County, Florida Clerk of the Circuit Court Signs with Aptitude Solutions for Court Case Management and Land Records Software – Read Story

07/15/2010 – Arapahoe County, Colorado, Clerk and Recorder Implements Aptitude Solutions’ Land Fraud Registration and Notification System – Read Story

07/1/2010 – Webb County, Texas, County Clerk’s Office Signs with Aptitude Solutions’ for Oncore Acclaim Land Records Software System – Read Story

05/03/2010 – San Diego County Assessor/Recorder/County Clerk to Implement LPS Aptitude Solutions’ OnCore Acclaim Recording System – Read Story

04/29/2010 – Palm Beach County Clerk and Comptroller to Implement LPS Aptitude Solutions’ OnCore Acclaim Recording System – Read Story

02/22/2010 – Arapahoe County, Colorado, Implements Aptitude Solutions’ Software Suite, including the OnCore Recording Platform, For Greater Efficiency and Records Access – Read Story

02/11/2010 – Johnston County, N.C. Register of Deeds uses Aptitude Solutions’ OnCore Recording Software for Electronic Recording of Survey Maps – Read Story

01/25/2010 – Broward County, Florida, Implements Aptitude Solutions’ Automated Indexing Optical Character Recognition Technology with OnCore – Read Story

01/25/2010 – Larimer County, Colorado, Implements Aptitude Solutions’ Automated Indexing Optical Character Recognition Technology with OnCore – Read Story

01/25/2010 – Johnston County, N.C. Register of Deeds Implements Aptitude Solutions’ Automated Redaction Software for Protecting Sensitive Information in Public Records – Read Story

01/04/2010 – Dauphin County, Pennsylvania Implements Aptitude Solutions Automated Redaction Software for Protecting Sensitive Information in Public Records – Read Story

11/20/2009 – Cherokee County Clerk of Superior Court Signs Contract with Aptitude Solutions for Court Case Management Software – Read Story

11/12/2009 – Tipton County, Indiana, Signs with Aptitude Solutions to Implement the OnCore Recording Platform & Automated Redaction System – Read Story

10/26/2009 – Arapahoe County, Colorado, Signs with Aptitude Solutions to Implement the OnCore Recording Platform for Greater Efficiency and Access – Read Story

09/01/2009 – Union County, Florida, Upgrades OnCore to Aptitude Solutions’ New Acclaim System for Official Records Recording – Read Story

08/24/2009 – Douglas County, Colorado Clerk and Recorder Implements Aptitude Solutions OnCore Recording and Indexing Platform – Read Story

08/03/2009 – Lender Processing Services’ Aptitude Solutions Announces OnCore Software Implementation in Largest County in Nevada – Read Story

06/22/2009 – Palm Beach County Clerk & Comptroller to Implement Lender Processing Services Aptitude Solutions’ Court Case Management System – Read Story

06/08/2009 – Nevada County, California, Implements Aptitude Solutions’ OnCore Recording Platform For Greater Efficiency and Access – Read Story

05/01/2009 – Erie County Ohio Recorder’s Office Live with Aptitude Solutions OnCore Recording System – Read Story

05/01/2009 – Douglas County, Washington Auditor Recording Office Live with Aptitude Solutions’ OnCore Recording System – Read Story

05/01/2009 – Aptitude Solutions Announces New Representative in Indiana – Read Story

05/01/2009 – Broward County Florida Recording Office to Implement Aptitude Solutions’ Automated Indexing – Read Story

02/17/2009 – Lender Processing Services’ Aptitude Solutions Selected To Implement Automated Land Records System for Nevada’s Largest County – Read Story

01/01/2009 – Land Fraud Notification and Identity Theft Prevention by Aptitude Solutions – Read Story

01/01/2009 – Davidson County, North Carolina Register of Deeds Now eRecording – Read Story

01/01/2009 – Aptitude Solutions County Recording and Indexing Solutions Provider Approved by the State of North Carolina – Read Story

01/01/2009 – Erie County, Ohio Recorder’s Office to Implement Aptitude Solutions OnCore Recording System – Read Story

01/01/2009 – Douglas County, Colorado Clerk and Recorder Selects Aptitude Solutions for Recording and Indexing Platform – Read Story

01/01/2009 – Aptitude Solutions Announces New Sales Representative in the State of Texas – Read Story

01/01/2009 – Aptitude Solutions Announces New Sales Representative in the State of Georgia – Read Story

11/20/2008 – Nevada County, California Clerk – Recorder’s Office Signs with Aptitude Solutions for OnCore Recording System – Read Story

10/09/2008 – Rockingham County, North Carolina Register of Deeds Complete Historical Digitization and Preservation – Read Story

10/07/2008 – Aptitude Solutions Selected for Clark County, Nevada Recorder’s Office Software RFP – Read Story

10/02/2008 – Skamania County, Washington Auditors’ Office Live with Automated Indexing – Read Story

09/29/2008 – Bradford County, Florida Clerk of Court Live with Tribute Tax Deed System – Read Story

09/29/2008 – Franklin County, Washington Auditors’ Office Live with Automated Indexing – Read Story

09/22/2008 – Clarendon County, South Carolina Register of Deeds Live with Aptitude Solutions’ OnCore – Read Story

09/22/2008 – Pulaski County, Arkansas Circuit Clerk Live with Automated Indexing and Redaction – Read Story

09/18/2008 – Walton County, Florida Clerk of Court Live with Electronic Recording – Read Story

09/17/2008 – Levy County, Florida Clerk of Court Live with Automated Indexing and Redaction Systems – Read Story

09/02/2008 – Tulsa County, Oklahoma Goes Live with Aptitude Solutions’ OnCore Recording System – Read Story

08/11/2008 – Chelan County, Washington Auditor Recording Office Live with Aptitude Solutions’ OnCore Recording System – Read Story

08/08/2008 – Aptitude Solutions Electronic Recording Certified by State of California ERDS – Read Story

07/17/2008 – Santa Rosa County, Florida Clerk of Court Live with Electronic Recording – Read Story

07/07/2008 – Hillsborough County, Florida Clerk of Court Live with Automated Indexing and Redaction Systems – Read Story

06/10/2008 – Collier County, Florida Clerk of Court Live with Aptitude Solutions Showcase CMS – Read Story

04/21/2008 – Tulsa County, Oklahoma Upon being awarded the bid on April 14th, Tulsa County Clerk officially signs contracts with Aptitude Solutions to provide OnCore, aiIndex, and aiRedact – Read Story

04/16/2008 – Johnston County, North Carolina Register of Deeds Receives eRecording Award – Read Story

04/06/2008 – Davidson County, North Carolina Live with Aptitude Solutions’ OnCore Recording System – Read Story

03/31/2008 – Chelan County, Washington Clerk Signs with Aptitude Solutions to implement OnCore Recording System

03/31/2008 – Clarendon County, South Carolina Clerk Signs with Aptitude Solutions to implement OnCore Recording System – Read Story

03/31/2008 – Nassau County, Florida Live with Aptitude Solutions’ Tribute

03/31/2008 – Skamania County, Washington Live with Aptitude Solutions’ OnCore Recording System

03/31/2008 – Putnam County, Ohio Live with Aptitude Solutions’ OnCore Recording System

03/31/2008 – Duval County, Florida Clerk of Court Civil Departments Go Live with Aptitude Solutions’ ShowCase System on Schedule – Read Story

03/05/2008 – Franklin County, Washington Live with Aptitude Solutions’ OnCore Recording System – Read Story

02/26/2008 – Hillsborough County, Florida Clerk of Court Live with Electronic Recording – Read Story

01/01/2008 – Pinellas County, Florida Clerk of Court Live with Automated Indexing and Redaction Systems – Read Story

12/04/2007 – Escambia County, Florida Clerk of Court Live with Tribute Tax Deed System – Read Story

11/05/2007 – Pulaski County, Arkansas Live with Aptitude Solutions’ OnCore Recording System – Read Story

11/01/2007 – Escambia County, Florida Clerk of the Circuit Court Live with Automated Indexing and Redaction – Read Story

10/29/2007 – Simplifile and Aptitude Solutions enter into Strategic eRecordings Alliance – Read Story

10/28/2007 – Pickens County, South Carolina Live with Aptitude Solutions’ OnCore Recording System – Read Story

10/18/2007 – Collier County, Florida Clerk of Court Selects Aptitude Solutions Showcase Court System – Read Story

10/18/2007 – Duval County, Florida Clerk of Court Live with ShowCase Felony and Juvenile – Read Story

10/16/2007 – Franklin County, Washington Auditor to Implement Aptitude Solutions OnCore Recording System and Automated Indexing – Read Story

10/01/2007 – Manatee County, Florida Clerk of the Circuit Court Live with Automated Redaction – Read Story

09/24/2007 – Pulaski County, Arkansas Clerk Signs with Aptitude Solutions – Read Story

08/30/2007 – Hillsborough County, Florida Clerk of Court Live with Tribute Tax Deed System – Read Story

08/27/2007 – Glynn County Georgia Clerk of Superior Court Live with Aptitude Solutions’ OnCore Recording System – Read Story

08/20/2007 – Putnam County, Ohio Recorder to implement Aptitude Solutions’ OnCore Recording System – Read Story

08/20/2007 – Pickens County, South Carolina to implement Aptitude Solutions’ OnCore Recording System – Read Story

08/20/2007 – Rockingham County, North Carolina Register of Deeds Live with Aptitude Solutions’ OnCore Recording System – Read Story

08/06/2007 – Grand County, Colorado Clerk & Recorder Go Live with Aptitude
Solutions’ OnCore Recording System – Read Story

08/06/2007 – Mesa County, Colorado Clerk and Recorder Live with Automated Indexing – Read Story

08/06/2007 – Montrose County, Colorado Clerk and Recorder Live with Aptitude Solutions’ OnCore Recording System – Read Story

08/06/2007 – Pitkin County, Clerk and Recorder Live with Aptitude Solutions’ OnCore Recording System – Read Story

08/01/2007 – Broward County, Florida Clerk of Court Live with Automated Redaction – Read Story

08/01/2007 – Baker County, Florida Clerk of Court Live with Automated Redaction and Automated Indexing – Read Story

08/01/2007 – Gilchrist County, Florida Clerk of Court Live with Automated Redaction – Read Story

08/01/2007 – Johnston County, North Carolina Register of Deeds Goes Live with Aptitude Solutions’ Automated Indexing Technology – Read Story

07/17/2007 – Duval County, Clerk of Court Live with Showcase Court Case Management System – Read Story

07/03/2007 – Brevard County, Clerk of Court Live with Tribute Tax Deed System – Read Story

05/29/2007 – Levy County, Florida Clerk of the Circuit Court to implement Aptitude Solutions’ OnCore Recording System – Read Story

05/04/2007 – Horry County, South Carolina Register of Deeds Implements Aptitude Solutions’ OnCore Recording System – Read Story

03/01/2007 – Rockingham County, North Carolina Register of Deeds to implement Aptitude Solutions’ OnCore Recording System – Read Story

11/13/2006 – Hillsborough County Clerk of Court Implements Aptitude Solutions’ OnCore Official Records System – Read Story

11/13/2006 – Brevard County Clerk of Court Implements Aptitude Solutions’ OnCore Official Records System – Read Story

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Posted in assignment of mortgage, CONTROL FRAUD, deed of trust, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Lender Processing Services Inc., LPS, STOP FORECLOSURE FRAUD3 Comments

Florida Foreclosures May Soon Come to a Halt

Florida Foreclosures May Soon Come to a Halt

“They have no personal knowledge of the issue and they are supposed to. That is what these judges rely on when they issue judgments against homeowners,” said Matt Englett, KEL Law Firm.

(I-Newswire) October 2, 2010 – CENTRAL FLORIDA — Thousands of Floridians may soon be rescued from foreclosure. Last week KEL Attorneys filed a motion with the Supreme Court asking Chief Justice Canady for a stay on foreclosure cases being handled by law firms currently under investigation for document fraud.

The State Attorney General launched a formal investigation against Shapiro & Fishman, Marshall Watson and David Stern last month. Lenders hired the three big law firms, which handle 80 percent of all foreclosures in Florida, now accused of fraudulently signing documents to speed up the foreclosure process.

“They have no personal knowledge of the issue and they are supposed to. That is what these judges rely on when they issue judgments against homeowners,” said Matt Englett, KEL Law Firm.

Attorney Matt Englett has testimony from one of the people hired to just sign documentation. He describes a conference room with thousands of documents. He testified he would sign one affidavit after another, taking no more than a minute on each one.

“Time is money. The longer it takes to get the property back and sell the property, the more money they lose on that loan,” Englett said.

Englett hopes the motion will stop wrongful foreclosure it its tracks. He estimates that tens of thousands of homes may have already been wrongfully foreclosed upon, and about 80-percent of pending foreclosure actions contains fraudulent documents.

If Englett is successful, homeowners who have already lost their homes could collect thousands from their lender. And for the hundreds of others in Central Florida in the middle of foreclosure, it would buy time to save their home.

About KEL Attorneys:
Our law firm has had the honor to represent clients all over the country. We are also licensed in federal courts throughout the country and we are able to represent your case in state or federal court. In either venue, rest assured that our law firm will pursue your case aggressively and in the most cost effective manner possible.

We are not just your ordinary law firm, we operate as a full-service law firm that provides legal services nationwide and have a strong presence, with a law firm in Orlando and a law firm in Tampa. Due to size, legal expertise and handling client matters for over ten years, we can handle any legal issue or situation you may have.

Company Contact Information
KEL Attorneys
Jennifer Warriner
111 N Magnolia Ave
Suite 1600
32801
Phone : 4075131900

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., shapiro & fishman pa, STOP FORECLOSURE FRAUD, Supreme Court3 Comments

Documents Show CitiMortgage and Wells Fargo Also Commit Foreclosure Fraud

Documents Show CitiMortgage and Wells Fargo Also Commit Foreclosure Fraud

More of MESCORPS “Shareholders”. Make sure you catch their “old evidence” below…and have a barf bag because this is going to make you sick!

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By ABIGAIL FIELD Posted 6:29 PM 10/01/10

Documents submitted to a court are supposed to be true as submitted. As an attorney, If I file a document with a court in which I swore I personally verified that the information contained within the document is true, and I didn’t actually do that, I’d get in real trouble. It’s simple: That’s fraud in the eyes of the court.

GMAC, JPMorgan Chase and Bank of America recently admitted that their employees routinely sign thousands of documents without verifying what they’re signing. Those documents are then submitted to courts as if the documents were true, to enable the banks to foreclose on delinquent properties. Wells Fargo and CitiMortgage told the New York Times their employees do not engage in similar practices. Yet new evidence shows they do.

Confusion at Wells Fargo
Herman John Kennerty of Wells Fargo has given a deposition describing the department he oversees for Wells Fargo. It’s a department dedicated to simply signing documents. Kennerty testified that he signs 50 to 150 documents a day, verifying only the date on each. What else might he want to verify? Well, in one document he signed, he supposedly transferred the mortgage from Washington Mutual Bank FA to Wells Fargo on July 12, 2010. But that’s impossible, since Washington Mutual Bank FA changed its name in 2004, and by any name WaMu ceased to exist in 2008, when the FDIC took it over. Making the document even less comprehensible, the debtor had declared bankruptcy a month earlier, according to Linda Tirelli, who represented the debtor. Why would Wells Fargo want a mortgage from someone in bankruptcy? Finally, Tirelli pointed out that the papers Wells Fargo filed included a different transfer of the mortgage dated three days before the debtor took out the loan. The documents are a mess, yet Kennerty signed them regardless.

Legal Nonsense at CitiMortgage

Similarly, one M. Matthews signed a number of documents that CitiMortgage has used to try to foreclose on properties. While Matthews may or may not sign hundreds of documents a day — I have not yet found a deposition in which he swears that he does — he certainly does not verify the contents of the documents he’s signing. For example, he signed a document supposedly transferring a mortgage from Lehman Brothers to Citi in 2009. It’s hard to see how that’s possible, since Lehman had already ceased to exist. When confronted with its nonsensical filing, Citigroup decided not to foreclose. Instead, it gave the homeowner a meaningful mortgage modification–$15,000 principal reduction, plus a 30 year fixed mortgage at 3%. Tirelli, who represented the debtor in that case too, notes that she sees bad documents in the vast majority of cases, and she keeps files of “robosigned” documents.

It’s true that in both the WaMu and Lehman Brothers documents, the signers were officially representing an entity called MERS and acting as the “nominee” of WaMu and the “nominee” of Lehman Brothers. But that doesn’t change the fraudulent nature of the documents as filed. MERS can’t continue to be the nominee of an entity that doesn’t exist. Moreover, MERS can’t assign something it doesn’t have, and MERS itself will admit it doesn’t own the underlying note or mortgage.

Possible Sanctions for JPMorgan Chase
Wells Fargo and CitiMortgage aren’t the only big banks to misrepresent their practices in the media; JPMorgan Chase told the New York Times that it had not withdrawn any documents in a pending case. However, Chase has in fact withdrawn robosigned documents in a case Tirelli is currently defending. Chase now faces possible sanctions in the case.

Why are the big, sophisticated banks submitting such problematic documents to the courts? The key reason is that sometimes when a bank wants to foreclose, it has to prove it actually has the right to foreclose — that it owns the note and accompanying mortgage. Unfortunately for the banks, the securitization of mortgages and the changes in property ownership documentation that accompanied it make it hard for the banks to establish clean chains of title and produce original documents. Hard, that is, in an environment where a massive number of foreclosures must be started and completed in a timely manner.

See full article from DailyFinance: http://srph.it/amvWqK

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RELATED:

HEY NY TIMES…’NO PROOF’ JEFFREY STEPHAN HAS AUTHORITY TO EXECUTE AFFIDAVIT FOR WELLS FARGO

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Homeowner fights foreclosure in lawsuit claiming documents are fraudulent


THE ACTUAL DEPOSITION IN THIS CASE CITMORTGAGE v. BROWN

DEPOSITION OF NOTARY SHANNON SMITH OF THIS CASE

[ipaper docId=34340050 access_key=key-1eb2fh5kgjs1rbxhfwhq height=600 width=600 /]

MORE ON THIS CASE & FIRM BELOW

_________________

Take Two: *New* Full Deposition of Law Office of David J. Stern’s Cheryl Samons

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Law Offices of David J. Stern, MERS | Assignment of Mortgage NOT EXECUTED but RECORDED

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Cheryl Samons | No Signature, No Notary, 1 Witness…No Problem!

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STERN’S CHERYL SAMONS| SHANNON SMITH Assignment Of Mortgage| NOTARY FRAUD!

_________________________________________________

MAESTRO PLEASE…AND THE WINNER OF THE “MOST JOB TITLES” CONTEST IS…

JOHN KENNERTY, a/k/a HERMAN JOHN KENNERTY

JOHN KENNERTY a/k/a Herman John Kennerty has been employed for many years in the Ft. Mill, SC offices of America’s Servicing Company, a division of Wells Fargo Bank, N.A. He signed many different job titles on mortgage-related documents, often using different titles on the same day. He often signs as an officer of MERS (“Mortgage Electronic Registration Systems, Inc.”) On many Mortgage Assignments signed by Kennerty, Wells Fargo, or the trust serviced by ASC, is shown as acquiring the mortgage weeks or even months AFTER the foreclosure action is filed.

Titles attributed to John Kennerty include the following:

Asst. Secretary, MERS, as Nominee for 1st Continental Mortgage Corp.;

Asst. Secretary, MERS, as Nominee for American Brokers Conduit;

Asst. Secretary, MERS, as Nominee for American Enterprise Bank of Florida;

Asst. Secretary, MERS, as Nominee for American Home Mortgage;

Asst. Secretary, MERS, as Nominee for Amnet Mortgage, Inc. d/b/a American Mortgage Network of Florida;

Asst. Secretary, MERS, as Nominee for Bayside Mortgage Services, Inc.;

Asst. Secretary, MERS, as Nominee for CT Mortgage, Inc.;

Asst. Secretary, MERS, as Nominee for First Magnus Financial Corporation, an Arizona Corp.;

Asst. Secretary, MERS, as Nominee for First National Bank of AZ;

Asst. Secretary, MERS, as Nominee for Fremont Investment & Loan;

Asst. Secretary, MERS, as Nominee for Group One Mortgage, Inc.;

Asst. Secretary, MERS, as Nominee for Guaranty Bank;

Asst. Secretary, MERS, as Nominee for Homebuyers Financial, LLC;

Asst. Secretary, MERS, as Nominee for IndyMac Bank, FSB, a Federally Chartered Savings Bank (in June 2010);

Asst. Secretary, MERS, as Nominee for Irwin Mortgage Corporation;

Asst. Secretary, MERS, as Nominee for Ivanhoe Financial, Inc., a Delaware Corp.;

Asst. Secretary, MERS, as Nominee for Mortgage Network, Inc.;

Asst. Secretary, MERS, as Nominee for Ohio Savings Bank;

Asst. Secretary, MERS, as Nominee for Paramount Financial, Inc.;

Asst. Secretary, MERS, as Nominee for Pinnacle Direct Funding Corp.;

Asst. Secretary, MERS, as Nominee for RBC Mortgage Company;

Asst. Secretary, MERS, as Nominee for Seacoast National Bank;

Asst. Secretary, MERS, as Nominee for Shelter Mortgage Company, LLC;

Asst. Secretary, MERS, as Nominee for Stuart Mortgage Corp.;

Asst. Secretary, MERS, as Nominee for Suntrust Mortgage;

Asst. Secretary, MERS, as Nominee for Transaland Financial Corp.;

Asst. Secretary, MERS, as Nominee for Universal American Mortgage Co., LLC;

Asst. Secretary, MERS, as Nominee for Wachovia Mortgage Corp.;

Vice President of Loan Documentation, Wells Fargo Bank, N.A.;

Vice President of Loan Documentation, Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, Beth Cottrell, bogus, chain in title, citimortgage, CONTROL FRAUD, corruption, deed of trust, erica johnson seck, Erika Herrera, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, herman john kennerty, investigation, linda green, LPS, Max Gardner, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD, wells fargo3 Comments

Every Attorney General Needs To Follow Connecticut AG and seek 60-day freeze on foreclosures

Every Attorney General Needs To Follow Connecticut AG and seek 60-day freeze on foreclosures

Here are excerpts to Reuters:

Connecticut AG seeks 60-day freeze on foreclosures

Fri Oct 1, 2010 12:09pm EDT

* Blumenthal says defective documents warrant freeze

* JPMorgan, Ally/GMAC being investigated

The attorney general, Richard Blumenthal, also said he is investigating JPMorgan Chase & Co (JPM.N) over its foreclosure practices. He previously said he was investigating Ally Financial Inc and its GMAC Mortgage unit.

“Banks that lured consumers into loans they couldn’t afford now seek to stampede them into foreclosure,” Blumenthal said in a statement. “This freeze should stop a foreclosure steamroller based on defective documents and enable effective remedies.”

The decisions came after borrowers’ lawyers released affidavits suggesting that some lenders’ employees are submitting documentation in foreclosure proceedings without understanding the contents.

Investigators in at least six U.S. states are examining foreclosure practices at GMAC, JPMorgan or both, and calling for such practices to be defended or halted.

Blumenthal, a Democrat, is running for the U.S. Senate. (Reporting by Jonathan Stempel in New York; editing by John Wallace)

Continue to REUTERS

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Press Release

Attorney General Asks CT Courts To Freeze Home Foreclosures 60 Days Because Of Defective Docs

October 1, 2010

Attorney General Richard Blumenthal today asked the state Judicial Department to freeze all home foreclosures for 60 days because of defective document filings and institute measures to assure the integrity of future filings.

Blumenthal made the request after a second bank, JP Morgan Chase, acknowledged filing defective foreclosure documents. Like GMAC/Ally, JP Morgan admitted that so-called “robo-signers” signed affidavits without verifying the information in them. The GMAC robo-signer said under oath that he signed 8,000 to 10,000 foreclosure affidavits a month while a robo-signer for JP Morgan testified to spending less than two minutes on each affidavit.

Blumenthal is investigating GMAC/Ally and JP Morgan, as well as whether other banks may have engaged in similar practices.

Submitting defective documents is a possible fraud upon the court, potentially undermining foreclosures and underlying mortgages.

“This freeze should stop a foreclosure steamroller based on defective documents and enable effective remedies,” Blumenthal said. “The actions of GMAC/Ally and JP Morgan are inexcusable, a possible fraud on the court undermining the integrity of the legal process and consumers’ ability to fight foreclosures. Banks that lured consumers into loans they couldn’t afford now seek to stampede them into foreclosure. We must stop this runaway foreclosure train, restoring proper procedure and property owner rights.

“The Judicial Department should take additional measures — including requiring signers to state the basis for verifying information in affidavits — to restore the integrity of foreclosure documents. This appalling practice must be stopped before it poisons the legal system and unfairly evicts families from their homes.”

Connecticut Attorney General

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, bogus, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, MERS, MERSCORP, Moratorium, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, robo signers, STOP FORECLOSURE FRAUD1 Comment

JUDGE QUESTIONS “DUAL ROLE” OF COUNSEL FOR MERS & CHASE HOME FINANCE

JUDGE QUESTIONS “DUAL ROLE” OF COUNSEL FOR MERS & CHASE HOME FINANCE

SUPREME COURT – STATE OF NEW YORK
IAS PART 10 – SUFFOLK COUNTY

HON. JOHN J.J. JONES, JR.

CHASE HOME FINANCE

v.

LUCIUS D. PAGANO

In addition, and notwithstanding the plaintiffs failure to establish compliance with paragraph 22 of the mortgage, there are two [2] other issues that must be addressed on any renewed application herein. The first issue is the legal effect of the allonge that is attached to the promissory note dated Oct. 18, 2005. This allonge clearly states that the note was endorsed by United Mortgage Corp. to the order of Greenpoint Mortgage Funding, Inc. The plaintiff’s application fails to address the fact of this clear and unequivocal endorsement of the note to Greenpoint. The second issue that the plaintiff needs to address is the execution of the mortgage assignment on Dec. 15,2009 by M.E.R.S to the plaintiff, Chase Home Mortgage. The assignment was executed by George Schmergel, on behalf of M.E.R.S. It appears that this person is also the plaintiffs attorney. Therefore, on any renewed application, the plaintiff shall set forth an explanation of the apparent dual role of counsel.

This constitutes the decision and order of the court in the disposition of this exparte application
for an order of reference, which is to be marked “not signed”.
-X

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, chase, conflict of interest, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers1 Comment

CAVEAT EMPTOR |MERS Transfers May Have Cloud Homeownership With `Blighted Titles’

CAVEAT EMPTOR |MERS Transfers May Have Cloud Homeownership With `Blighted Titles’

This is what this site is about…”ClOUDED TITLES”! This quote below should have added that it was in 65 Million mortgages not in some. I hope you all read my NO. THERE’S NO LIFE AT MERS…I highly recommend it because it came the heart.


In some cases, mortgages were conveyed using the Reston, Virginia-based Mortgage Electronic Registration System, or MERS, designed to cover transfers among system members. Promissory notes also often were endorsed as payable to the bearer to avoid the need for multiple transfers. Both practices have been challenged in court.

Foreclosure Errors Cloud Homeownership With `Blighted Titles’

By Kathleen M. Howley – Oct 1, 2010 12:00 AM ET

U.S. courts are clogged with a record number of foreclosures. Next, they may be jammed with suits contesting property rights as procedural mistakes in those cases cloud titles establishing ownership.

“Defective documentation has created millions of blighted titles that will plague the nation for the next decade,” said Richard Kessler, an attorney in Sarasota, Florida, who conducted a study that found errors in about three-fourths of court filings related to home repossessions.

Attorneys general in at least six states are investigating borrowers’ claims that some of the nation’s largest home lenders and loan servicers are making misstatements in foreclosures. JPMorgan Chase & Co. is asking judges to postpone foreclosure rulings, while Ally Financial Inc. said Sept. 21 its GMAC Mortgage unit would halt evictions. The companies said employees may have completed affidavits without confirming their accuracy.

Such mistakes may allow former owners to challenge the repossession of homes long after the properties are resold, according to Kessler. Ownership questions may not arise until a home is under contract and the potential purchaser applies for title insurance or even decades later as one deed researcher catches errors overlooked by another. A so-called defective title means the person who paid for and moved into a house may not be the legal owner.

‘Nightmare Scenario’

“It’s a nightmare scenario,” said John Vogel, a professor at the Tuck School of Business at Dartmouth College in Hanover, New Hampshire. “There are lots of land mines related to title issues that may come to light long after we think we’ve solved the housing problem.”

Almost one-fourth of U.S. home sales in the second quarter involved properties in some stage of mortgage distress, RealtyTrac Inc. said yesterday. In August, lenders took possession of record 95,364 homes and issued foreclosure filings to 338,836 homeowners, or one out of every 381 U.S. households, according to the Irvine, California-based data seller.

The biggest deficiency in foreclosure suits is missing or improperly handled documents, Kessler found in his study of court filings in Florida’s Sarasota County. When home loans are granted, borrowers sign a promissory note outlining payment obligations and a separate mortgage that puts an encumbrance on the property in the lender’s name. If mortgages are resold, both documents must be properly conveyed to prevent competing claims.

Mortgage Bonds

Most of the document errors involved mortgages that had been bundled into securities sold to investors, Kessler said. At the end of the U.S. real estate boom in 2005 and 2006, about 70 percent of the $6.1 trillion in mortgage lending was packaged into bonds, according to the Securities Industry and Financial Markets Association in New York.

Continue reading…BLOOMBERG

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, auction, Bank Owned, bloomberg, bogus, chain in title, CONTROL FRAUD, corruption, deed of trust, DOCX, Economy, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, jpmorgan chase, Lender Processing Services Inc., LPS, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, rmbs, robo signers, securitization, servicers, stopforeclosurefraud.com, sub-prime2 Comments

DOCX / LPS Price List…any documents you want!

DOCX / LPS Price List…any documents you want!

Looks like this is becoming more and more like a fabricating factory mill full of ?????????

DOCX’s GetNet™ Document Recovery solution is a national network of runners that is engaged to provide document recovery, expedited recordation services, title searches, and insurance submissions.

The service is unique in that our clients can request that DOCX obtain any missing recordable documents through this web site through our online GetNet™ Work Order Form. Status of existing projects can also be obtained through our Online Services.

We also accept work orders the “old fashioned” way via fax or mail. Upon receipt of the work order, DOCX will access the national network of runners, place the order and follow up to ensure prompt delivery.

GetNet™ was designed to assist mortgage servicers in meeting agency certifications and to avoid costly penalties for filing late satisfaction pieces.

GetNet™ Features

  • A National Network of title runners retains presence in every county jurisdiction nationwide.
  • Obtains missing mortgage documents, assignments, title policies and LGC/MICs.
  • Expedites recordation by physically walking documents in to county recorder offices.
  • Provides title searches to identify mortgage holders.
  • Provides online reporting capabilities.

GETNET™ RATE SHEET

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, bogus, concealment, conflict of interest, CONTROL FRAUD, corruption, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, Lender Processing Services Inc., LPS, STOP FORECLOSURE FRAUD3 Comments

Fraud Factories, MERS, LPS, Forgeries: Rep. Alan Grayson Explains the Foreclosure Fraud Crisis

Fraud Factories, MERS, LPS, Forgeries: Rep. Alan Grayson Explains the Foreclosure Fraud Crisis

RepAlanGrayson | September 30, 2010
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This is Rep. Alan Grayson explaining the crisis of foreclosure fraud and how it links to the entire securitization chain of Wall Street.

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One of My First Videos 2/10/2010

This is what made plenty of noise!


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This is the actual “BOGUS ASSIGNEE” that was found…then came many.


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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, bogus, chain in title, CONTROL FRAUD, corruption, dinsfla, DOCX, fannie mae, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, jeff carbiener, jeffrey stephan, Kristine Wilson, Law Office Of Steven J. Baum, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, Lender Processing Services Inc., linda green, LPS, mbs, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, notary fraud, note, robo signers, securitization, shapiro & fishman pa, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, sub-prime, Supreme Court, trade secrets, Tywanna Thomas1 Comment

SENATOR AL FRANKEN TO DOJ, TREASURY, WARREN… INVESTIGATE FORECLOSURE FRAUD

SENATOR AL FRANKEN TO DOJ, TREASURY, WARREN… INVESTIGATE FORECLOSURE FRAUD

“Unfortunately, concerns have been raised that Ally’s practices are not an anomaly in this industry, and that these bad practices are used by numerous other companies as well,”

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, chain in title, CONTROL FRAUD, corruption, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, GMAC, investigation, mortgage0 Comments

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