Date of Video: 7/2/2008
Posted on 27 May 2010.
Date of Video: 7/2/2008
Posted on 26 May 2010.
THEY KNOW FROM THE BEGINNING WHO THE REAL PARTIES ARE!
LPS Transmittal Letter. Instructions to the MILLS.
Note at the end it does NOT WANT any emails on these matter.
NOW LOOK AT THE ADDRESS…
Posted on 04 May 2010.
[ipaper docId=30915340 access_key=key-2nyz50q3xi9omwffgdky height=600 width=600 /]
© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted on 21 April 2010.
Dear Mr. Jadlos,
Exactly who is gaming what sir? Please see this post and lets call it BULLSHIT!
21 April 2010 @ 03:03 pm EDT
An estimated 1.4 million borrowers have failed to pay their mortgages in more than a year, but continue to live in the properties, according to Lender Processing Services, which tracks mortgages on 40 million homes.
Under the new government regulations, it takes banks 14 months to evict nonpaying borrowers – longer in some states. “Many of these people are gaming the system,” said Ted Jadlos, a managing director at Lender Processing.
Also, banks aren’t in a hurry because once they take possession of a property they must write down its value to reflect market price. Plus, unoccupied homes are more likely to fall into disrepair or be vandalized.
Some analysts predict that this shadow inventory will cause prices to slide further, but so far it’s not happening.
Reprinted from REALTOR® Magazine Online with permission of the NATIONAL ASSOCIATION OF REALTORS®. Copyright
Posted in concealment, conspiracy, corruption, DOCX, FIS, foreclosure fraud, foreclosure mills, Former Fidelity National Information Services, fraud digest, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, robo signer, robo signers3 Comments
Posted on 13 April 2010.
I have a feeling this is going to be the beginning to many reports on Local Media Outlets in time.
Legal Source: http://yahoo.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=7072146-89320-93959&type=sect&TabIndex=2&companyid=774307&ppu=%252fdefault.aspx%253fcik%253d1429775© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted in concealment, conspiracy, corruption, DOCX, FIS, foreclosure fraud, foreclosure mills, Former Fidelity National Information Services, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ0 Comments
Posted on 10 April 2010.
This is NOT any advertisement! I wonder just how many of these homes may be wrapped with fraud in this system.
[scribd id=29708096 key=key-14uc8o0cqov4xoco840s mode=slideshow]
Posted on 06 April 2010.
|By: Cynthia Kouril Tuesday April 6, 2010 4:19 am
Imagine, if you will, a bank sets up a mortgage backed security. The security is backed by a trust that holds all the mortgages and notes. The trust document says that all of the mortgages that would be included in that particular security had to be transferred into the trust by a particular date. That date is long since passed.
You are now in foreclosure, and attached to the summons and complaint is a copy of an assignment of your mortgage, within the last few days before the date of the summons and complaint, transferring your mortgage into the trust. What does that all mean?
It could mean that the trustee did not actually own your mortgage and that all the money that you have paid on that mortgage that went to pay the holders of the security associated with that trust was paid to the wrong party.
Why? Because the mortgage was not transferred into the trust before your payments were directed to it. And the after the fact assignment doesn’t remedy it, because the trust was required to close the book on adding new mortgages into the trust, on a date long since passed. So, the trustee accepted payments from you even though your mortgage was not a part of that trust. You were paying the wrong party.
Then to add insult to injury, the trustee is trying to take your home away.
Oh, and the last minute assignment –may be a forgery. Ain’t that just the icing on the cake?
These are the cranium exploding allegations being made by white collar fraud expert Lynn Szymoniak, Esq.
In a letter to an Assistant United States Attorney, Ms. Szymoniak alleges
Ms. Szymoniak goes on to reveal that clerks at DOCX are signing these documents pretending to be employees of varies banks and other financial institutions. For example:
Posted in concealment, conspiracy, corruption, DOCX, erica johnson seck, FIS, foreclosure fraud, foreclosure mills, fraud digest, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, robo signer, robo signers0 Comments
Posted on 04 April 2010.
In the first 3 days of April, 2010, the Wall Street Journal and the Jacksonville Business Journal both reported that Lender Processing Services was the subject of a federal criminal investigation involving a subsidiary company, Docx, LLC in Alpharetta, Georgia. A representative of the company reportedly acknowledged the investigation. Foreclosure defense blogs, and this website, have reported some of the problems with mortgage assignments prepared by Docx including Assignments where the grantor or grantee was described as “Bogus Assignee for Intervening Asmts” or “A Bad Bene.” Docx also produced many assignments with an effective date of 9/9/9999. In other cases, the effective date was listed as 1950. Other Assignments listed the amount of the original mortgage as $.00 or $.01. Still other assignments were missing signatures. The Docx office has produced over one million mortgage assignments in the last few years and filed these assignments in recorders’ offices across the country. How many Assignments were defective? Did any foreclosures occur based on the defective documents? Were court clerks notified of the defective assignments? Were borrowers notified? Were mortgage companies and banks notified? The company disclosures to date raise even more questions regarding the role of document mills in the national foreclosure crisis. Courts and litigants everywhere will be waiting for more complete disclosures.
Posted in concealment, conspiracy, corruption, DOCX, FIS, foreclosure fraud, foreclosure mills, forensic mortgage investigation audit, fraud digest, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, robo signer, robo signers8 Comments
Posted on 02 April 2010.
Keep in mind this is only on the Georgia Subsidiary “DocX” mean while back at the ranch in Minnesota much, much, much more fraud has been created see the videos below.
APRIL 3, 2010 The Wall Street Journal
Lender Processing Services Unit Draws Inquiry Over the Steps That Led to Faulty Bank Paperwork
A subsidiary of a company that is a top provider of the documentation used by banks in the foreclosure process is under investigation by federal prosecutors.
The prosecutors are “reviewing the business processes” of the subsidiary of Lender Processing Services Inc., based in Jacksonville, Fla., according to the company’s annual securities filing released in February. People familiar with the matter say the probe is criminal in nature.
Michelle Kersch, an LPS spokeswoman, said the subsidiary being investigated is Docx LLC. Docx processes and sometimes produces documents needed by banks to prove they own the mortgages. LPS’s annual report said that the processes under review have been “terminated,” and that the company has expressed its willingness to cooperate. Ms. Kersch declined to comment further on the probe.
A spokesman for the U.S. attorney’s office for the middle district of Florida, which the annual report says is handling the matter, declined to comment.
The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to pin down who the real owner of a mortgage is, thanks to the complexity of the mortgage market.
During the housing boom, mortgages were originated by lenders, quickly sold to Wall Street firms that bundled them into debt pools and then sold to investors as securities. The loans were supposed to change hands but the documents and contracts between borrowers and lenders often weren’t altered to show changes in ownership, judges have ruled.
LPS has said its software is used by banks to track the majority of U.S. residential mortgages from the time they are originated until the debt is satisfied or a borrower defaults. When a borrower defaults and a bank needs to foreclose, LPS helps process paperwork the bank uses in court.
LPS was recently referenced in a bankruptcy case involving Sylvia Nuer, a Bronx, N.Y., homeowner who had filed for protection from creditors in 2008.
Continue reading … The Wall Street Journal
and this is their video of the Minnesota Branch where they worry about “security”. I wonder if Christina Allen, Topako Love, Eric Tate, Laura Hescott were in this video?? Listen towards (4:41), they use “Delivery” or “Destruction“.
[youtube=http://www.youtube.com/watch?v=Ec4LpBa5nsk]© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted on 02 April 2010.
LPS statement “Technical Error” how about “HUMAN Robo-Signors FORGING, FABRICATING ERROR” to many tens-of- thousands (possibly in the miilions) of Assignmnet FRAUD “errors”. Preparing Docs in one state, Executing them in another and Notarizing in another? How about the signatures not matching the people who are signing? What about the folks in Minnesota where most of these were signed?
Well well well…
I wonder if this has anything to do with The Whole Country is BOGUS – Fabricated Mortgage Assignments All Over the Country???
The U.S. Attorney’s Office in Tampa is investigating a subsidiary of Lender Processing Services Inc. that processes mortgage documents for lenders.
Jacksonville-based company (NYSE: LPS) stated in its 2009 annual report that the U.S. Attorney’s Office of the Middle District of Florida recently began inquiring about the business processes of a subsidiary, DOCX LLC, based in Alpharetta, Ga.
LPS also acknowledged that there was an “error” in DOCX’s business processes and LPS immediately corrected it, according to the annual report filed with the U.S. Securities and Exchange Commission.
“We have representatives speaking with the U.S. Attorney’s Office and we are cooperating with all inquiries made by the U.S. Attorney’s Office,” said Michelle Kersch, LPS’ senior vice president of marketing and corporate communications, in an e-mailed response. “We changed the business process that created the technical error, provided additional training to our employees and corrected documents.”
The U.S. Attorney’s Office declined to comment on its investigation.
Kersch said LPS was contacted by the U.S. Attorney’s Office in February. That same month, another investigation by the Clerk of Superior Court in Fulton County, Ga. into DOCX had closed without taking any further action, officials said.
LPS has become a dominant player in the mortgage servicing market since it spun off from Fidelity National Information Services in July, 2008. LPS serviced about 70 percent of the non-performing loan market and 40 percent of foreclosed loans nationwide as of Dec. 31, according to LPS’ latest “mortgage monitor” report.
LPS increased revenue to nearly $2.4 billion in 2009 and recently announcing it will add 350 jobs through 2011. The Jacksonville Economic Development Commission has recommended nearly $3 million in city and state incentives for LPS to add those jobs in Jacksonville.
More to come…
Sample of their work “in-house” Minnesota…not only Alpharetta, GA
© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted in concealment, conspiracy, corruption, DOCX, FIS, foreclosure fraud, foreclosure mills, Former Fidelity National Information Services, Lender Processing Services Inc., LPS, robo signer, robo signers, scam1 Comment
Posted on 26 March 2010.
COMPLAINT TO THE HEART OF THE SECRET LPS SOCIETY THAT MAKES AND CREATES DOCUMENTS TO BE USED FOR THE BENEFITS OF THE INEFFECTIVE SERVICERS.
[ipaper docId=44788065 access_key=key-1a9pcy0wk96nf8zov3ik height=600 width=600 /]
Posted on 20 March 2010.
Indymac Federal Bank Fsb Vs. Israel a. Machado :
In this depo you will see exactly how this Illegal FORECLOSURE FRAUD is fabricated, conspired, concealed, manipulated and fraud upon the courts.
[ipaper docId=37528161 access_key=key-t6hhb0aqxj8gvgam8s7 height=600 width=600 /]© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted in concealment, conspiracy, corruption, erica johnson seck, FIS, foreclosure fraud, foreclosure mills, fraud digest, indymac, Lender Processing Services Inc., LPS, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, note, onewest0 Comments
Posted on 19 March 2010.
Jacksonville Business Journal – by Rachel Witkowski Staff reporter-
Lender Processing Services Inc. recently opened an office in Washington, D.C. in order to attract more government work, the company announced Thursday.
The Jacksonville-based technology and services provider (NYSE: LPS) to the mortgage and real estate industries said having an office in the nation’s capital “gives LPS the ability to quickly respond to the needs of its government clients and to increase its presence by pursuing opportunities with new government partners.”
The company said it is currently has contractual relationships with a number of federal agencies. The D.C. office will provide services including mortgage consulting, technology, portfolio data analytics and risk management as well as due diligence and valuation.
“In today’s challenging economic environment, government agencies need expert support and data to make the most informed decisions, mitigate risks and operate at peak efficiency,” said LPS’ co-chief operating officer, Eric Swenson in the announcement. “LPS’ proven, robust technology solutions and extensive governmental expertise can help agencies quickly adapt to changing market conditions and regulatory requirements for optimal performance.”
Posted in concealment, conspiracy, DOCX, FIS, foreclosure fraud, foreclosure mills, forensic mortgage investigation audit, Former Fidelity National Information Services, Lender Processing Services Inc., LPS, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.1 Comment
Posted on 12 March 2010.
Action Date: March 12, 2010
Location: WEST Palm Beach, FL
CALL FOR MORTGAGE ASSIGNMENTS & AFFIDAVITS – March 12, 2010 – Researchers at Fraud Digest are comparing the job titles on Mortgage Assignments and Affidavits of the individuals listed below. If you have any Mortgage Assignment or Affidavit in Support of Summary Judgment in a Foreclosure action signed by any of the following individuals, please scan the document(s) and send it as a pdf. attachment to firstname.lastname@example.org. This request is for research regarding mortgage-related documents. The individuals named below are not accused of wrong-doing or fraudulent activity: Christina Allen; Scott Anderson; Brent Bagley; China Brown; Eric Friedman; Linda Green; Ely Harless; Korell Harp; Laura Hescott; Erica Johnson-Seck; Dennis Kirkpatrick; Topako Love; Jessica Ohde; Keri Selman; Kathy Smith; Roger Stotts; Eric Tate; Tywanna Thomas; Linda Thoresen.
If you wish to remain anonymous please use any of the free email providers such as GMAIL.
To find your Assignment of Mortgage you have to access your county public records.© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted on 12 March 2010.
First, Lynn Szymoniak ESQ. presented “Compare these Titles & Signatures” & “Too Many Jobs”…Now the next of many of compare these signatures & titles series. “Officers of Way, Way too many banks”…Part Deux “The Twilight Zone”.
How can you be an OFFICER of all these banks and Why is your signature never signed the same??? Minnesota? LPS? Bueller? …anyone?…Bueller?
Posted in dennis kirkpatrick, DOCX, erica johnson seck, FIS, foreclosure fraud, Former Fidelity National Information Services, fraud digest, indymac, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, marshall watson, MERS, Mortgage Foreclosure Fraud, roger stotts, washington mutual12 Comments
Posted on 11 March 2010.
Folks, gather ’round ’cause you’re ’bout to hear a tale o’ turned tails.
In early February, a small cohort of colleagues discovered 12 BOGUS mortgage assignments across the state of Florida.
Within days, this group found another 20+ BOGUS mortgage assignments across our once-great, once-honorable USA.
These “Black Deeds”, collectively, are proof that the notaries, witnesses, and signatories on each and every like assignment of mortgage is suspect at best; created as purely fabricated malarkey at worst. Professionals are starting to surmise that all of these mortgage assignments magically produced, presto-chango, to ram another foreclosure through “the system” are not credible evidence upon which the transfer of property, dispensation of justice, and the roof over a family’s head should rest.
Oh, Oh! Oh, where is my mind? One of that fraud excavating group unearthed mortgage assignments transferring property effective 09/09/9999. Now that’s some neat trick, wouldn’cha say?
And, then, here ya’ go: another colleague found a mortgage assignment back-dated four years in order to assign property two years hence. Being no math whiz, would someone please clarify if that is a net back-dating of two years? Perhaps it’s a cumulative formula, adding the 4 years to 2 years, makes the “off dating” 6 years? I dunno! How’s that really work? Sounds like an episode of Beat The Clock!
This is no mere document failure! Please. Call it what it is: foreclosures upon millions of families, evicted from their homes by financial entities with no more rights to take those homes than have you or I. When faced with this fact, the financial entities are creating, fabricating (aka MAKING UP) the “evidence” to prove that they have the
right to take a family’s home and throw them with all their worldly
possessions into the street! Where are the investors who really put up the money for these home loans? They must be singing the blues to see some interloper foreclose a million times over and keep the proceeds from the post-foreclosure sale. Welcome to America! Waive to the Statue of Liberty on your way in. Breathe in that democratic process air we’ve prided ourselves on for lo these 233 years.
There are millions upon millions of families being evicted onto the streets, many with no alternative housing options. It’s not so easy to find a job in the best of circumstances today. Ever tried to find and/or hold down a job without a fixed address? How ’bout the children, in the middle of their school year? What about the beloved pets of foreclosure, fully members of the newly homeless family? Ever tried to find emergency shelter or housing with a deeply loved animal or two? What of the elderly who do not have the remaining lifespan to recover from the terrible financial and personal blow and may face their remaining “golden years” begging for scarce, dwindling social-net resources. What of the disabled, those of us living in America who, without dramatic rescue, are too ill and infirm to ever hope to again live independently under cover.
I may or may not return here to add more…………I’m too distraught to continue writing of my country’s egregious willful complicity in these relentless evictions and property confiscation. My heart and soul start to rupture past the point of repair when I think of how America is treating it’s citizenry, including the weakest of us all; based on a million-fold fraudulent transactions from mortgage origination well past post-foreclosure sale.
Let’s move on in a more wickedly delicious track, shall we?
Two unrelated, remorseful individuals have come forward, whispering to us colleagues with tales of the inner workings and “business practices” of document creation “mills” which may or may not be operating under the direction of foreclosure mill law firm. Permission from the parties has been extracted to publish this post.
Apparently, that same fear, hopelessness, and rage which descend upon one who is evicted from the only home they know to face a bleak and uncertain future……….. Yes, THAT fear, hopelessness and rage! Well, that same emotional response seems to have hit hard on a few past and/or current employees of certain companies which may have been involved in dubious, questionable “business practices”.
A crisis of conscience? Fear of criminal charges? Facing foreclosure themselves? Relative evicted? Family member tenet unexpectedly “trashed out”? Seeing the futility of working out a loan mod? One of the signatories (or employers thereof) who frantically googles the same names over and over and over in a mad search for what is known, what is published?
Perhaps they are somehow, someway involved in the stories and references featured here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, or here? Maybe they signed something that was reviewed by a justice-minded judge?
Could it be one or more of these signatories, while working for a “document solutions” company, have been “transferring property and assets” valued in the multi-billions and ostensibly owned by the top financial institutions in the world? Ron Mehig? Bethany Hood? Linda Green? From New House Title? Cheryl Hodge? Korrell Harp? From Law Offices of David Stern? Scott Anderson? Lori Brown? Barbara Hindman? Lori Brown? Whitney K. Cook? Melissa Flanagan? Lillana Morcan? Liquenda Allotey? Christina Trowbridge? Raquel Smith? Branden Kiel? Beth Cottrell? Twanna Thomas? From DocX? Winona Church? Nancy Reyes? William W. Huffman? Jill Arnold? Shameca Harrison? Kari Marx? Renee Hertzler? Mark Biscof? From LPS? Lorraine Brown?
Who knows? I’m not one to force another to reveal their personal motivations. I enjoy the privacy afforded me by the hard bones of my skull. I often keep my thoughts to myself and extend to others the same respect.
© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted in concealment, conspiracy, corruption, dennis kirkpatrick, DOCX, erica johnson seck, FIS, foreclosure fraud, Former Fidelity National Information Services, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, MERS, Mortgage Foreclosure Fraud0 Comments
Posted on 11 March 2010.
Mortgage Fraud by Lynn Szymoniak ESQ.
FEDERAL HOME LOAN MORTGAGE ASSN.
Action Date: March 9, 2010
Location: West Palm Beach, FL
ON MARCH 9, 2010, researchers for Fraud Digest easily found at least 10 Assignments, for combined loan amounts well over $2 million, with the Assignment Effective Date listed as 9/9/9999. These were all prepared by Docx, LLC in Alpharetta, Georgia, a subsidiary of Lender Processing Services in Jacksonville, FL. These are the same “document preparers/officers of too many banks” that prepared and filed Assignments where the grantor or grantee was listed as “Bogus Assignee for Intervening ASMTS” and also the same people who listed the grantor or grantee as “A Bad Bene.” All of these documents are witnessed and notarized (by other Docx employees). Fraud Digest researchers are now attempting to quantify the number of Assignments (in the hundreds or more likely thousands) where MERS is stated to be the original mortgagee. If the assignment is not effective until 9/9/9999, many homeowners will be able to stay in their homes a VERY long time. Each of these assignments effective in 9999 was to the Federal Home Loan Mortgage Assn.
Posted on 11 March 2010.
By: Matthew Weidner P.A.
For a short period of time in Florida, pretender lenders and their attorneys had a field day in Florida courts, obtaining foreclosure judgments and title to property based on the flimsiest of evidence. Now courts are aware of many of the problems with these files and lenders can no longer count on a free ride to the foreclosure auction. Below is a sampling of case headnotes from recent circuit court opinions that denied foreclosure. Judges in circuits across the state are now standing up for consumers (or at least for the rule of law) and requiring lenders to prove their right to claim the relief they seek. A sampling of the headnotes follows:
Mortgages — Foreclosure — Stay — Foreclosure action is stayed until mortgagor has been afforded mitigation and modification opportunities of home affordable modification program
Mortgages — Foreclosure — Standing — Motion for final judgment of foreclosure denied — Plaintiff that did not become holder of note until after suit was filed did not have standing to bring action — Even if assignment could confer standing retroactively, assignment is deficient where jurat does not indicate that it was signed in presence of notary, and assignor does not have documented authority to assign mortgage — Further, motion for summary judgment is deficient where supporting affidavit was signed by person whose only demonstrated authority is to assign and release liens, not by individual with corporate authority and demonstrated knowledge.
Mortgages — Foreclosure — Complaint — Plaintiff has failed to state cause of action where partial terms sheet attached to foreclosure complaint omits details as to who gets paid, when and where payment is due, and amount of payment — Further, assignment that is dated after filing of suit is at variance with complaint — Complaint dismissed with leave to amend.
Mortgages — Foreclosure — Standing — Motion to dismiss is granted with leave to file new or amended complaint to allege that plaintiff is owner and holder of note and mortgage and to allege additional facts that support that allegation.
Mortgages — Foreclosure — Where note filed by plaintiff is endorsed but does not name entity to which it is made payable, plaintiff failed to plead in complaint that it is owner of note or mortgage, mortgage names entity other than plaintiff as mortgagee, plaintiff has filed assignment of mortgage executed and recorded after complaint was filed, and complaint does not demonstrate equitable assignment of mortgage to plaintiff before complaint was filed, plaintiff must amend complaint to allege that it is owner and holder of note and mortgage and identify documents upon which it relies to establish that it holds and owns note and mortgage
Siurce: Matthew Weidner Law Blog
Posted in ben-ezra, concealment, conspiracy, corruption, DOCX, erica johnson seck, FIS, foreclosure fraud, Former Fidelity National Information Services, Law Offices Of David J. Stern P.A., marshall watson, note, shapiro0 Comments
Posted on 07 March 2010.
I swear each time I hear about these ROBO-SIGNERS I immediately get this vision of the TRANSFORMER’s…more than decieves the mind!
When speaking in generalities, it’s difficult for folks to understand what lawyer, judges and informed consumers are ranting about when we scream, “THE BANKS, LENDERS AND FORECLOSURE MILLS ARE COMMITTING FRAUD!”
I attach here a deposition transcript of Angela Melissa Nolan, a robo signer at Chase Home Finance. In the deposition, she describes in detail some of the corporate processes in place that purport to give pretender lenders the evidentiary basis to pursue foreclosure cases….I’ve called these people “Robo Signers” because prior depositions indicated they don’t read anything…they just sign. This deposition reveals another form of “Robo Signer”, a computer generated document, complete with a “real” signature scanned in…..and the rabbit hole just gets deeper and deeper.
C’mon take a few minutes to watch the video…I tell you it’s exactly what’s happening here!
[ipaper docId=38430629 access_key=key-g6cuuygszzcvosanu4s height=600 width=600 /]© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted in chase, concealment, conspiracy, corruption, dennis kirkpatrick, DOCX, erica johnson seck, FIS, foreclosure fraud, Former Fidelity National Information Services, fraud digest, indymac, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, MERS, Mortgage Foreclosure Fraud, roger stotts, scam1 Comment
Posted on 07 March 2010.
Lynn Szymoniak, Esq.
Editor, Fraud Digest, February 9, 2010
In the past ten years, hundreds of thousands of residential mortgages were bundled together (often in groups of about 5,000 mortgages), and investors were offered the opportunity to buy shares of each bundle. This process is called securitization.
Each such bundle of residential mortgages was given a name, such as “Soundview Home Loan Trust 2006 OPT-2.” The name indicates information about the particular trust such as the year it was created (2006) and its contents (with OPT indicating that the loans in that particular trust were originally made by Option One Mortgage). Each such bundle/trust has a Cut Off Date identified in the trust documents (specifically, in the Pooling and Servicing Agreement). The Cut Off Date is the date on which all mortgage loans in the trust must be identified. In short, a final list of all of the mortgages in the bundle is set out. Each trust also has a Closing Date which is the date that the individual mortgages are transferred to the Trust Custodian, who must certify that for each mortgage, the custodian has a mortgage note endorsed in blank and proof that the ownership of the note has been transferred. This proof is most often an Assignment of Mortgage. Most trusts included the following or equivalent language regarding the Assignments: “Assignments of the Mortgage Loans to the Trustee (or its nominee) will not be recorded in any jurisdiction, but will be delivered to the Trustee in recordable form, so that they can be recorded in the event recordation is necessary in connection with the servicing of a Mortgage Loan.”
Title insurance companies issued policies guaranteeing that the trust had clear title to the mortgages.
When widespread defaults occurred, Trustees discovered that the laws regarding Mortgage Assignments varied significantly from state to state. Many issues regarding such Assignments were simply unresolved. One of the most significant issues was whether Mortgage Assignments could be back-dated or have retroactive effective dates. This issue arose because Trustees and their lawyers discovered in the foreclosure process that the Assignments could not actually be located, or that certain states did not allow blank Assignments.
To solve the problem of the missing Assignments, new Assignments were made and recorded. Because the question of retroactive Assignments had not been 2 resolved, most of these Assignments did not set forth the actual date that the Assignment took place. The Assignments were signed and notarized as if the transfer took place many years after the actual transfer date.
The Assignments were prepared by specially selected law firms and companies that specialized in providing “mortgage default services” to banks and mortgage companies. In jurisdictions with a high rate of mortgage defaults, over 80% of the filed Mortgage Assignments in the last three years were prepared and filed by the same five or six law firms and default processing companies.
In many states, two such Assignments were prepared and filed. The first was prepared in the name of Mortgage Electronic Registration Systems as “nominee” for the particular bank or mortgage company. When MERS authority to file foreclosures and Assignments was challenged in most jurisdictions, with varying results, a non-MERS Assignment was prepared as well.
In all of these cases, the Assignment was prepared to conceal the actual date that the property was acquired by the Trust. An examination of the Assignments filed showing the grantee as the Trust – such as “Soundview Home Loan Trust 2006 – OPT 2” – shows that most of these Assignments were prepared and filed in 2008 and 2009, when, in reality, the mortgages and notes were actually assigned – albeit defectively – prior to the closing date of the Trust. While the exact closing date can only be determined by looking at the trust documents, any Trust that includes the year in 2006 in its title most likely closed in 2006.
If a Mortgage Assignment is dated, notarized and filed in a year after the year set forth in the name of the grantee trust on the Assignment, it is actually an Assignment specially, and in many cases, fraudulently, made to facilitate foreclosures.
These Specially-Made Assignments have created havoc in the courts. In many cases, the Specially-made Assignments are dated After the foreclosure action has been initiated, making it appear that the Trust somehow magically knew prior to the assignment that it would acquire the defaulting property several months after the foreclosure action was initiated.
Repeatedly, courts have asked Trustees to explain why they were acquiring nonperforming loans and whether such acquisition was a violation of the trustee’s fiduciary duty to the Trust. No Trustee has ever come forth and explained that the Trust actually acquired the loan years before the Assignment. As a result, there are many decisions with observations similar to this observation made by Judge Arthur M. Schack of Kings County, New York, in HSBC Bank v. Valentin, 21Misc. 3d 1124 [A]:
Further, according to plaintiff’s application, the default of defendants Valentin and Ruiz began with the nonpayment of principal and interest due on January 1, 2007. Yet, four months later, plaintiff HSBC was willing to take an assignment of the instant nonperforming loan. The Court wonders why HSBC would purchase a nonperforming loan, four months in arrears?
And in Deautsche Bank National Trust Co. V. Harris, Judge ARTHUR M. SCHACK Kings, New York, Index No. 39192/2007 (05 FEB 2008):
Further, the Court requires an explanation from an officer of plaintiff DEUTSCHE BANK as to why, in the middle of our national sub-prime mortgage financial crisis, DEUTSCHE BANK would purchase a non-performing loan from INDYMAC…
In Massachusetts in October, 2009, Land Court Judge Keith Long reaffirmed a March, 2009, ruling that a lender cannot begin foreclosure proceedings before the lender has filed and recorded the Assignment, stating:
The blank mortgage assignments they possessed transferred nothing…in Massachusetts, a mortgage is a conveyance of land. Nothing is conveyed unless and until it is various agreements between the securitization entities stating that each had a right to an an assignment and they are certainly not in recordable form. U.S. Bank National Association v. Ibanez, Massachusetts Land Court Misc. Case No. 384283, consolidated with two other cases.
Many authors expect the Massachusetts Supreme Court to reverse the Ibanez decision, but the uncertainty itself, as in the case of the MERS challenges, caused lenders to flood recording offices with new Assignments.
In cases where the Trust failed to get a valid Assignment, the problem is complicated by the bankruptcy of the major loan originators, including American Home Mortgage, Option One Mortgage, and Countrywide Home Loans.
When these big mortgage companies filed for bankruptcy, they did not disclose the mortgages already sold to the trusts as assets, because the transfers occurred months and years prior to the bankruptcy filing. Years later, when the Assignments were required for foreclosures, a bankruptcy court’s permission was needed to Assign billions of dollars in mortgages. Most likely in fear that a Bankruptcy Judge would not rubber stamp such a request, no such permission has ever been sought.
In lieu of valid Assignments, Trusts continue to rely on Assignments specially made by their own law firms and mortgage default service companies. Eventually, these fraudulent Assignments are being discovered by Courts, and the foreclosing trusts required to prove that they own the Mortgage and Note in the foreclosure action without reliance on Assignments that misrepresent the date of the actual transfer to the Trust the authority of the signers of the bankrupt original lenders. For thousands of homeowners, this realization has come too late.
Source: ASSIGNMENTS AS EVIDENCE© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Posted in concealment, conspiracy, corruption, dennis kirkpatrick, DOCX, erica johnson seck, FIS, foreclosure fraud, Former Fidelity National Information Services, fraud digest, indymac, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, MERS, Mortgage Foreclosure Fraud, note, onewest, roger stotts, scam17 Comments
Posted on 06 March 2010.
Posted in concealment, conspiracy, corruption, FIS, foreclosure fraud, Former Fidelity National Information Services, indymac, Lender Processing Services Inc., LPS, MERS, Mortgage Foreclosure Fraud, note, onewest, scam0 Comments
Posted on 06 March 2010.
Jacksonville Business Journal – by Rachel Witkowski Staff reporter
The executive vice chairman and director of Fidelity National Information Services Inc., Lee A. Kennedy, retired from his role Monday.
Kennedy was on the board of directors since February 2006 and was president and CEO of the company (NYSE: FIS) until it acquired Metavante Technologies Inc. Oct. 1. Frank Martire, who was chairman and CEO of Milwaukee-based Metavante before the acquisition, became president, CEO and director of FIS after the deal closed. Kennedy then became executive vice chairman of the board.
“It has been a privilege to work with the highly talented board members, management team and employees of FIS,” Kennedy said. “The new leadership team is off to a strong start, and I have great confidence in the future of this company.”
The announcement released by FIS stated Kennedy resigned effective immediately “in order to devote more time to outside interests.”