Please welcome Ericka Johnson Seck to the ROBO-SIGNER Hall of Sham!
MERS & LPS once again the “Common Thread”
Here is a list of her many Corporate Hats:
Vice President of Mortgage Electronic Registration Systems Inc. (MERS)
Vice President of Deutsch Bank National Trust
Vice President of Bank of New York
Attorney in Fact of IndyMac
Attorney in Fact of ONEWEST
Attorney in Fact of FDIC
I must confess, she was my first study because she signed two assignments for “one” of my properties using “two” different employers. đ ‘<blush> I even created my very first youtube video in her honor (see below)!
Thanks to Judge Arthur Schack and Tom Ice from Ice Legal in Palm Beach County, we all became familiar with Erica for wearing too many corporate hats.
She is the “Robo-Signer” Judge Schack called out in three particular cases in NY and made her an instant foreclosure household name. I don’t think she ever emerged in NY soon after this. Also see the HSCB v. Yasmin case.
Excerpt of DEUTSCHE BANK NATIONAL TRUST v. HARRIS
The Court is perplexed as to why the assignment was not executed in Pasadena, California, at 46U Sierra Madre Villa, the alleged âprincipal place of businessâ for both the assignor and the assignee. In my January 3 1, 2008 decision (Deutsche Bank National Tr (1st Canpuny v Maraj, – Misc 3d – [A], 2008 NY Slip Op 50176 [U]), I noted that Erica Johnson-Seck, claimed that she was a Vice President of MERS in her July 3,2007 INDYMAC to DEUTSCHE BANK assignment, and then in her July 3 1,2007 affidavit claimed to be a DEUTSCHE BANK Vice President. Just as in Deutsche Bank National Trust Company v Maraj, at 2, the Court in the instant action, before granting itn application for an order of reference, requires an affidavit from Ms. Johnson-Seck, describing her employment history for the past three years.
Further, the Court requires an explanation from an officer of plaintiff DEUTSCHE BANK as to why, in the middle of our national subprime mortgage financial crisis, DEUTSCHE BANK would purchase a non-perferforming loan from INDYMAC, and why DEUTSCHE BANK, INDYMAC and MERS all share office space at 460 Sierra Madre Villa, Pasadena, CA 91 107.
24,000 Monthly Documents executed by her team
Now Lets move on to this below… according to this deposition her office signs 24,000 mortgage related documents out of the this figure she signed about “750” a week making it approximately 3000 mortgage documents used in foreclosure cases. Anything from Affidavits of Debt, Lost Note Affidavits, Assignment of Mortgages, Declarations pretty much anything having to deal with Bankruptcy and Foreclosures.
This is what she signs without any notary present.
Below is a sale that happened in DC all in 1 single day! It appears she also puts properties in her name with her co-employees Roger Stotts and Eric Friedman.
ROGER STOTTSÂ signs these as well and according to the depo above Indymac/Onewest is “NOT” the custodian as defined below. Why do they commit fraud?
FIRST VIDEO MADE OF DAVID J. STERN, ERICA JOHNSON-SECK BACK IN FEBRUARY 2010
Once again, a U.S. Trustee is leading the way in exposing fraud in foreclosures. On Friday, May 21, 2010, United States Trustee R. Michael Bolen, Region 5, Judicial Districts of Louisiana and Mississippi, by Mary Langston, Assistant U.S. Trustee, New Orleans, Louisiana, filed a Motion for Sanctions against Lender Processing Services, Inc. and The Boles Law Firm. The Motion was filed in a bankruptcy action, In re Ron Wilson, Case No. 07-11862, U.S. Bankruptcy Court, Eastern District of Louisiana.
The U.S. Trustee is seeking to sanction LPS and The Boles Law Firm for making misrepresentations in statements and/or in testimony in open court, during the course of Show Cause proceedings initiated by the Court. Show Cause Orders were entered on May 9, 2008, July 11, 2008 and July 18, 2008. The misrepresentations relate to a Motion to Lift Stay (â2d MFRâ) filed on March 10, 2008 and execution of a false affidavit supporting the 2d MFR, filed on behalf of Option One Mortgage Corporation, n/k/a Sand Canyon Corporation.
The misrepresentations concern payments received but not posted by Option One, dated January 2, 2008; January 31, 2008; and March 3, 2008 (the âUnposted Paymentsâ).
According to the Trustee, Fidelity National Information Services, Inc. (now, Lender Processing Services, Inc.) misrepresented to the Court its knowledge of, and whether it communicated with Boles about the Unposted Payments. Further, the Trustee alleges that LPS/Fidelity misrepresented that it did not function as a âgo betweenâ in this case, between Boles and Option One, with respect to the Unposted Payments.
“Boles lacked candor before this Court, based on statements that one if its attorneys made to the Court on June 26, 2008 during the OSC [Order to Show Cause] proceeding. In that hearing, the Boles attorney indicated that, although Boles possessed one or more of the Unposted Payments, Boles did not know why it had received them. Upon information and belief, the proof will show that Boles received the Unposted Payments because Boles had issued instructions directing that each of the Unposted Payments be sent to it.”
Again, according to the Trustee, “The respondentsâ [LPS and Boles] representations were not well grounded in fact, were made in bad faith to avoid potential liability, and have resulted in unnecessarily protracted discovery and litigation concerning their roles involved with the 2d MFR and false affidavit.”
In a 19 page Memorandum of Law supporting the motion for sanctions, Trustee Mary Langston set forth that Dory Goebel, an officer and employee of Fidelity, was questioned regarding an Affidavit she had submitted regarding unposted mortgage payments. Goebel essentially denied communications between Fidelity and the Boles firm:
“Goebel testified that Fidelity would not have communicated with the Boles law firm regarding post-referral payments; rather, Option was responsible for notifying its counsel directly about such payments. Goebel further testified that she reviewed the Wilson file, and that were no communications between Fidelity and Boles regarding the Unposted Payments because â[n]o, that is not the responsibility of Fidelity. We would not know of additional payments, Option One would.â August 21, 2008 Tr. 110:18 – 111:5. Goebelâs testimony thus portrayed that Fidelity would not even know that a borrowerâs post-referral payment had been received unless Option posted the payment on Optionâs accounting system; and that Fidelity would not communicate with Optionâs counsel about payments received.” (Memorandum, p.8)
According to Trustee Langston, “However, Goebelâs testimony simply does not comport with the evidence the United States Trustee has obtained from Option, Fidelity, and Boles through discovery.” (Memorandum, p.8) The Trustee goes through the many communications that contradict Goebel’s testimony. She concludes, “… the evidence establishes that both Boles and Fidelity had knowledge about the Unposted Payments which they misrepresented to the Court. Upon information and belief, Fidelity and Boles played an integral role in communicating about those very payments, participating in queries about how to handle the Unposted Payments.” (Memorandum, p.9)
This is not the first time that a U.S. Bankruptcy Trustee has sought to impose sanctions against Fidelity and/or LPS. Most recently, the in the case of Niles and Angela Taylor, 2009 WL 1885888 (Bankr. E.D. Pa. 2009), Judge Diane Weiss Sigmund also determined that sanctions were warranted in a foreclosure case involving Lender Processing Services. Judge Sigmund described in great detail how the default mortgage servicing and foreclosure systems really work.
Lender Processing Services (âLPSâ) was described as the largest out-source provider in the United States for mortgage default services. The LPS systems frequently resulted in incorrect information regarding mortgages reported to litigants and judges in foreclosure actions. The LPS network of national and local law firms were required to communicate directly with LPS, and not the mortgage servicers, about any issues that arose in any given case. Likewise, the servicers were required to execute a 51-page Default Service Agreement with LPS that delegated to LPS all functions with respect to the default servicing work. LPS used a software communication system called âNewTrakâ to deliver instructions and documents to the LPS network attorneys and to deliver any information to the servicers. LPS also had access to the servicers data-base platforms. The law firms were staffed primarily by paralegals with little supervision by attorneys. See
In re Taylor, supra, at 1885889 to 1885891.
Judge Sigmund found that he LPS system was designed to minimize human involvement. She concluded, âWhen an attorney appears in a matter, it is assumed he or she brings not only substantive knowledge of the law but judgment. The competition for business cannot be an impediment to the use of these capabilities. The attorney, as opposed to the processor, knows when a contest does not fit the cookie cutter forms employed by the paralegals. At that juncture, the use of technology and automated queries must yield to hand- carried justice. The client must be advised, questioned and consulted. The thoughtless mechanical employment of computer-driven models and communications to inexpensively traverse the path to foreclosure offends the integrity of our American bankruptcy system. It is for those involved in the process to step back and assess how they can fulfill their professional obligations and responsibly reap the benefits of technology. Noting less should be tolerated.â
In a case pending in the United States Bankruptcy Court for the Southern District of New York, In re Silvia Nuer, Case No. 08-17106 (REG), in a Memorandum of Law of the United States Trustee in Support of Sanctions Against J.P.Morgan Chase Bank National Association, filed January 4, 2010, the Trustee reviewed the testimony of Mr. Herndon, a witness for Chase, who testified that the chain of title for the property in question passed through three entities. Previously, however, Chase had submitted contrary documents. In particular, Chase had submitted an assignment âthat appeared to show that Chase assigned its right as mortgagee to Deutsche, as trustee for Long Beach Mortgage Trust 2006-2. The Assignment was signed by Scott Walter as âAttorney in Fact for Chase (the âWalter November 1 Assignmentâ)âŠIt was signed on November 1, 2008, after the Filing Date. This 2008 Assignment to a trust that closed in 2006 signed by an individual who did not in fact work for Chase has become the focus of the sanctions debate. Regarding the Walter Assignment, the Trustee states: âHere, the misconduct of Chase includes the attachment of the Walter November 1 AssignmentâŠChaseâs own witness could not explain the Walter November 1 AssignmentâŠâ
Walter was actually an employee in the Minnesota office of Lender Processing Services.
What is an appropriate sanction for a company that repeatedly makes false statements in bankruptcy proceedings – and files false mortgage assignments and Affidavits – so that the bankruptcy judge will lift the stay and allow a foreclosure to proceed more quickly?
If the debtor engaged in these acts, the case would be referred to the U.S. Attorney so that criminal charges of bankruptcy fraud could be filed against the debtor. Why should a repeat offender deserve less?
The pending takeover of Fidelity National Information Services Inc. collapsed late Monday, with a Blackstone Group-led consortium dropping its plan to acquire the financial-data processor, according to a person familiar with the situation.
Fidelity National’s board had asked for a “substantial increase” above the $32-per-share bid the private-equity firms had proposed, said a person familiar with the deal talks. The two sides couldn’t reach an agreement on price, this person said, and the investor group backed out of the deal.
Late Monday, Fidelity National shares dropped nearly 10% in after-hours trading, to roughly $26 each. (Fidelity National is unrelated to
Monday, May 17, 2010, 1:50pm EDTÂ Â |Â Â Modified: Monday, May 17, 2010, 1:51pm
Jacksonville Business Journal – by Christian Conte Staff Writer
The Florida Attorney Generalâs Office has launched a civil investigation similar to one launched by a Florida U.S. Attorneyâs Office against Fidelity National Financial Inc. and Lender Processing Services Inc., along with an LPS subsidiary, relating to possible forged documents in foreclosure cases.
According to the Attorney Generalâs website, DOCX LLC, based in Alpharetta, Ga., âseems to be creating and manufacturing âbogus assignmentsâ of mortgage in order that foreclosures may go through more quickly and efficiently. These documents appear to be forged, incorrectly and illegally executed, false and misleading. These documents are used in court cases as ârealâ documents of assignment and presented to the court as so, when it actually appears that they are fabricated in order to meet the documentation to foreclosure according to law.â
The Attorney Generalâs Economic Crimes Division in Fort Lauderdale is handling the case.
Fidelity National Financial (NYSE: FNF), based in Jacksonville, provides title insurance, specialty insurance, claims management services and information services. Lender Processing Services (NYSE: LPS), also based in Jacksonville, provides mortgage processing services, settlement services, mortgage performance analytics and default solutions.
Fidelity National acquired DOCX, which processes and files lien releases and mortgage assignments for lenders, in 2005.
The U.S. Attorneyâs office launched its investigation of DOCX in February.
LPS stated in its 2009 annual report that there was a âbusiness process that caused an error in the notarizationâ of mortgage documents, some in the foreclosure proceedings in âvarious jurisdictions around the country,â according to a filing with the U.S. Securities and Exchange Commission.
While the company said it fixed the problem, the annual report stated it spurred an inquiry by the Clerk of Superior Court in Fulton County, Ga., and most recently, LPS was notified by the U.S. Attorneyâs Office for the Middle District of Florida, based in Tampa, that it is also investigating the âbusiness processesâ of DOCX.
The Wall Street Journal reported that Blackstone Group LP was considering the deal along with other firms. Bloomberg News later reported that Thomas H. Lee Partners LP is joining Blackstone in the bid.
Fidelity said the company’s policy is to not comment on speculation about acquisitions.
Fidelity National Information Services, or FIS, provide technology services for financial companies. It was spun off from title insurance company Fidelity National Financial Inc. Another publicly-traded company, Lender Processing Services Inc., was spun off from FIS.
The two Fidelity companies and LPS are all headquartered in Jacksonville, but all three operate independently.
Bloomberg reported that “two people with knowledge of the situation” said the deal is “under discussion and may not happen.”
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 REALTORÂź Magazine Online with permission of the NATIONAL ASSOCIATION OF REALTORSÂź. Copyright
By Peg Brickley Of DOW JONES DAILY BANKRUPTCY REVIEW
The Department of Justice is conducting a nationwide probe of the company whose automated systems handle half the mortgages in the U.S., looking for evidence Lender Processing Services Inc. (LPS) has “improperly directed” the actions of lawyers in bankruptcy court.
The Jacksonville, Fla., company was spun out last year from Fidelity National Information Services Inc. (FIS), a financial technology giant that is also under scrutiny for its role in court actions, according to documents filed with the U.S. Bankruptcy Court in Philadelphia.
Although the companies say they are providers of electronic information services, the U.S. trustee believes LPS and Fidelity play a “much greater” role in court actions where thousands of homes are at risk of foreclosure, according to Bankruptcy Judge Diane Weiss Sigmund.
“The thoughtless mechanical employment of computer-driven models and communications to inexpensively traverse the path to foreclosure offends the integrity of our American bankruptcy system,” Sigmund wrote in a decision released Wednesday, April 15.
A spokeswoman for Fidelity did not respond to requests seeking comment on the investigation by the Office of the U.S. Trustee, an arm of the Department of Justice whose mission includes safeguarding the integrity of the bankruptcy courts.
Michelle Kersch, a spokeswoman for LPS, said the U.S. trustee has “advised outside counsel for LPS that it is seeking to better understand LPS’ role.” In an e-mail, Kersch pointed out that the judge held the lawyers, not LPS, responsible for the problems in the case before her.
The probe of the mortgage technology operation surfaced in a Philadelphia case after Sigmund started asking questions about the source of false court filings that came from HSBC Mortgage Corp. In pursuit of homeowners Niles and Angela Taylor, HSBC filed the wrong mortgage, gave incorrect payment amounts and claimed the Taylors had missed monthly payments. This “was simply not true,” Sigmund wrote in a 58-page decision.
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?
Jacksonville Business Journal â by Rachel Witkowski Staff reporter
The U.S. Attorneyâs 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. Attorneyâs 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 âerrorâ in DOCXâs business processes and LPS immediately corrected it, according to the annual report filed with the U.S. Securities and Exchange Commission.
âWe have representatives speaking with the U.S. Attorneyâs Office and we are cooperating with all inquiries made by the U.S. Attorneyâs Office,â said Michelle Kersch, LPSâ senior vice president of marketing and corporate communications, in an e-mailed response. âWe changed the business process that created the technical error, provided additional training to our employees and corrected documents.â
The U.S. Attorneyâs Office declined to comment on its investigation.
Kersch said LPS was contacted by the U.S. Attorneyâs 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 LPSâ latest âmortgage monitorâ 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 comeâŠ
Sample of their work “in-house” Minnesota…not only Alpharetta, GA
Yup! You heard it right X’s 2…I feel it’s going to be one of the great defense attorney’s in Florida that will bring down the MILL’s who are destroying families. Mark my words watch for Jeff Barnes, Matt Weidner, Greg Clark, George Gingo and Ice Legal… Baby! Many other…Lets not forget the attorney who is diligently uncovering assignment fraud time after time Lynn Szymoniak ESQ.
FDN has obtained another borrower victory in Florida by having a summary judgment of foreclosure vacated. The Judge in the Brevard County Circuit Court has entered an Order, on motion of the borrower which was prepared, filed, and argued in person by Jeff Barnes, Esq., vacating and setting aside a Final Summary Judgment of Foreclosure and enjoining any foreclosure sale. The Motion set forth that the Judgment was void as there was no proof of legal standing.
The Complaint, filed by the Law Offices of David J. Stern, P.A., alleged that the Plaintiff was the holder and owner of the note and mortgage by an assignment âto be filedâ. No such assignment was ever filed, and thus Plaintiff Deutsche Bank fraudulently represented to the Court that it had proper legal standing to foreclose when in reality it did not. The threshold hurdle of proof of legal standing to foreclose under Florida law was recently highlighted by the Florida Second District Court of Appeal in the BAC Funding decision which was recently discussed on this website.
The same day that the hearing took place on the Brevard County Motion, FDN attorney Jeff Barnes, Esq. was presented with yet another case filed by the same attorney from the Stern law office for the same client (Deutsche Bank as âTrusteeâ of a securitized mortgage loan trust) with the same problem (no assignment or proof of VALID ownership of the Note and Mortgage) but filed in Manatee County, Florida with a summary judgment having been entered in favor of Deutsche Bank despite no assignment ever having been filed. A Motion has thus been filed to seek vacatur of the Stern Summary Judgment entered in this separate proceeding.
FDN litigates foreclosure cases throughout the State of Florida as well as in 27 other states, assisted by local counsel. The consistent pattern which is emerging, as to Deutsche Bank, is a misrepresentation of ownership of the Note and Mortgage (or âDeed of Trustâ as it is called in non-judicial states other than Georgia, which terms the instrument a âSecurity Deedâ); lack of valid ownership interest in these instruments and the rights attendant thereto; and a failure to produce competent evidence of any ownership (meaning that meritless MERS assignments are not âcompetentâ). This pattern is present in numerous states with different law Firms. Deutsche Bank thus continues to be an entity whose representations must be carefully examined in any foreclosure attempt, because there is a high probability that one or more of its representations are false.
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 nationâs capital âgives 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.”Â
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.
âIn todayâs challenging economic environment, government agencies need expert support and data to make the most informed decisions, mitigate risks and operate at peak efficiency,â said LPSâ co-chief operating officer, Eric Swenson in the announcement. âLPSâ proven, robust technology solutions and extensive governmental expertise can help agencies quickly adapt to changing market conditions and regulatory requirements for optimal performance.â
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?
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.
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?
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.
Action Date:Â March 9, 2010Â Location:Â West Palm Beach, FLÂ
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.Â
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 â Foreclosure â Stay â Foreclosure action is stayed until mortgagor has been afforded mitigation and modification opportunities of home affordable modification program
Mortgages â Foreclosure â Standing â Motion for final judgment of foreclosure denied â Plaintiff that did not become holder of note until after suit was filed did not have standing to bring action â 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 â 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 â Foreclosure â Complaint â 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 â Further, assignment that is dated after filing of suit is at variance with complaint â Complaint dismissed with leave to amend.
Mortgages â Foreclosure â Standing â 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 â Foreclosure â 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
When speaking in generalities, itâs difficult for folks to understand what lawyer, judges and informed consumers are ranting about when we scream, âTHE BANKS, LENDERS AND FORECLOSURE MILLS ARE COMMITTING FRAUD!â
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 casesâŠ.Iâve called these people âRobo Signersâ because prior depositions indicated they donât read anythingâŠthey just sign. This deposition reveals another form of âRobo Signerâ, a computer generated document, complete with a ârealâ signature scanned inâŠ..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!
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 âSoundview Home Loan Trust 2006 OPT-2.â 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: âAssignments 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.â
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 âmortgage default servicesâ 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 ânomineeâ 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 â such as âSoundview Home Loan Trust 2006 â OPT 2â â shows that most of these Assignments were prepared and filed in 2008 and 2009, when, in reality, the mortgages and notes were actually assigned â albeit defectively â 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 trusteeâs 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 plaintiffâs 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 courtâs 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.
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.
âIt has been a privilege to work with the highly talented board members, management team and employees of FIS,â Kennedy said. âThe new leadership team is off to a strong start, and I have great confidence in the future of this company.â
The announcement released by FIS stated Kennedy resigned effective immediately âin order to devote more time to outside interests.â
Former Fidelity National Information Services president and CEO Lee Kennedy will retire as executive vice chairman and director of FIS, effective immediately, âin order to devote more time to outside interests.â
Fidelity National (NYSE: FIS), which acquired Brown Deer-based Metavante Technologies Inc. in October 2009, made the announcement Monday. Kennedy was 58 as of the latest FIS proxy statement.
Kennedy joined the FIS board in February 2006 and served as president and CEO until the acquisition of Metavante Technologies. Metavante CEO Frank Martire became CEO of the merged company, renamed FIS, and relocated to FIS headquarters in Jacksonville, Fla.
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