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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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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

FANNIE MAE: Servicer Review of Procedures Relating to the Execution of Affidavits, Verifications, and Other Legal Documents

FANNIE MAE: Servicer Review of Procedures Relating to the Execution of Affidavits, Verifications, and Other Legal Documents

Hope this comes out as I am not using a full size computer at the moment!

 Introduction Issues have recently arisen with respect to potential defects with affidavits submitted by servicers in support of motions for summary judgment in states with judicial foreclosure processes. The issues pertain to whether the individuals executing the affidavits on behalf of the servicer had the required personal knowledge of the information contained in the affidavits and whether the affidavits were notarized in accordance with applicable requirements. Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:

Fannie Mae is directing all of its servicers to immediately undertake a review of their policies and procedures relating to the execution of affidavits, verifications, and other legal documents in connection with the default process. If the servicer has any concerns with its policies and procedures or their implementation, the servicer must advise its legal counsel to contact Fannie Mae in writing immediately via e-mail to nonroutine_litigation@fanniemae.com.

Fannie Mae is also taking this opportunity to emphasize the application of existing

Servicer’s basic duties and responsibilities

Compliance with applicable laws and mortgage documents

Servicer’s audit and control systems

Consequences of non-performance of servicer’s duties and responsibilities and non-compliance with applicable laws and mortgage documents

 Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:

Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:

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



Posted in fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers, servicers0 Comments

There you go Connecticut ‘ALL’ Bank Foreclosures Stopped

There you go Connecticut ‘ALL’ Bank Foreclosures Stopped

Connecticut halts all foreclosures for all banks

By Ariana Eunjung Cha  | October 1, 2010; 2:41 PM ET

Connecticut Attorney General Richard Blumenthal on Friday ordered a moratorium on all foreclosures by all banks for 60 days–the most radical action taken by a state on issue of document irregularities.

California also expanded the moratorium on foreclosures it announced last week on Ally Financial foreclosures to include those by J.P. Morgan Chase.

Calling the companies’ review of key foreclosure documents “a ruse,” California Attorney General Jerry Brown (D) ordered J.P. Morgan to prove it is following the law before it continues foreclosures in the state.

Both J.P. Morgan Chase and Ally have frozen foreclosures in 23 states because some employees had signed off on foreclosure paperwork without properly reviewing the files.

Colorado and Illinois have stopped foreclosures by Ally and at least seven other states have launched probes into the issue. But Connecticut is the first to institute an industry-wide ban.

Washington Post

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



Posted in concealment, conflict of interest, CONTROL FRAUD, corruption, robo signers, STOP FORECLOSURE FRAUD1 Comment

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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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

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

ONEWEST BANK ‘ERICA JOHNSON-SECK’ ‘Not more than 30 seconds’ to sign each foreclosure document

ONEWEST BANK ‘ERICA JOHNSON-SECK’ ‘Not more than 30 seconds’ to sign each foreclosure document

OneWest Bank employee: ‘Not more than 30 seconds’ to sign each foreclosure document

The recent announcements by J.P. Morgan Chase and Ally Financial that they were freezing some foreclosures because of paperwork irregularities raises a key question: How many more mortgage companies employed “robo-signers?”

In a sworn deposition in July, Erica Johnson-Seck, an Austin, Tex.,-based vice president for bankruptcy and foreclosure for OneWest Bank, said she and her team of seven others sign 6,000 documents a week or about 24,000 a month without reading all of them.

Johnson-Seck estimated that she spent no more than 30 seconds to sign each document.

She explained that while she does not check everything, she does check some information, “which is why I said 30 seconds instead of two seconds.”

Continue reading…WASHINGTON POST

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



Posted in chain in title, CONTROL FRAUD, corruption, deed of trust, eric friedman, erica johnson seck, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, indymac, investigation, Law Offices Of David J. Stern P.A., MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers, roger stotts, stopforeclosurefraud.com, Trusts1 Comment

HUGE |Here comes the Title Companies

HUGE |Here comes the Title Companies

OLD REPUBLIC TITLE:

The Company will not insure title to any property which has been foreclosed by Ally Financial, Ally Bank or GMAC until further notice.

Short and sweet.

Source: MARKET TICKER

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



Posted in assignment of mortgage, chain in title, conflict of interest, CONTROL FRAUD, corruption, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, GMAC, insurance, investigation, mortgage, Old Republic Title, robo signers, stopforeclosurefraud.com, Title insurance1 Comment

Robo-Signer Called Out in Ohio by Attorney General Cordray

Robo-Signer Called Out in Ohio by Attorney General Cordray

The Honorable Judge
County Court of Common Pleas

Re: Foreclosure Affidavits

Dear Judge XXXXX, I write you, and the other presiding and administrative judges of the Ohio Courts of Common Pleas, to draw your attention to an issue that may be of interest to you.

As you are aware, when a plaintiff in a foreclosure case moves for default or summary judgment, it will attach an affidavit from the lender or mortgage servicer attesting to the ownership and default status of loan. During the last week, questions have arisen about the validity of the foreclosure affidavits filed by a large servicer, GMAC Mortgage. GMAC (also operating as “Ally Financial”) issued a press release on September 20, 2010 announcing that it had directed certain of its vendors to suspend evictions and REO closings because of “a potential issue that was raised in a number of existing foreclosures challenging the internal procedure we used for executing one or more judicially required forms.”

A number of media outlets, including The Washington Post and The New York Times, reported on this statement. The news articles suggest that GMAC’s actions are related to a Florida deposition and a Maine deposition given by one of its employees, Jeffrey Stephan. Mr. Stephan signed thousands of foreclosure affidavits for GMAC, but in his depositions stated that he does not have knowledge of how the information in the affidavit is determined (Deposition of Jeffrey Stephan, June 7, 2010, p 30), does not know how the accuracy of the information is verified (Id.), does not review the exhibits attached to the affidavit (Id., p 54), does not read every paragraph of the affidavit (Id. p 61), and does not have the affidavit notarized in his presence (Id., p 56).

The depositions were not taken by my office, so I do not opine on their accuracy, but I wanted to draw your attention to this issue. At least one court has found that filing affidavits that falsely claim personal knowledge is a violation of the Ohio Consumer Sales Practices Act when filed in connection with consumer transactions. Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961, 977 (N.D. Ohio, 2009).

More broadly, I urge you as administrators to share this letter with your colleagues and urge them to exercise caution when approving any foreclosure orders involving GMAC. Further, I encourage you to consider whether additional administrative procedures need to be established to protect homeowners who are facing the threat of foreclosure. Issues similar to those surrounding GMAC have arisen in Ohio. For example, my office filed an amicus brief in an appellate case where a foreclosure affidavit averred that it was executed in Florida but the jurat and notarization stated that it was executed in New Jersey. The 2nd District Court of Appeals ruled that the trial court did not abuse its discretion by striking the faulty affidavit. HSBC Bank USA v. Thompson, 2010-Ohio-4158.

Please feel free to contact me or my Consumer Protection Section Chief, Susan Choe, at 614.466.1305, if we can be of any assistance regarding this letter.

Thank you.
Sincerely,
Richard Cordray
Ohio Attorney General

CC:
Sarah Lynn, Deputy Chief Counsel, Ohio Attorney General
Susan Choe, Consumer Protection Section Chief, Ohio Attorney General

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



Posted in assignment of mortgage, chain in title, conflict of interest, CONTROL FRAUD, deed of trust, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, jeffrey stephan, jpmorgan chase, LPS, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, robo signers, STOP FORECLOSURE FRAUD, Supreme Court, TRO, Wall Street1 Comment

HERE COMES JPMORGAN CHASE, LENDER PROCESSING SERVICES…AND THE ROBO-SIGNERS

HERE COMES JPMORGAN CHASE, LENDER PROCESSING SERVICES…AND THE ROBO-SIGNERS

Mortgage Fraud

Chase Home Finance, LLC
Whitney Cook
Beth Cottrell
Margaret Dalton
JPMorgan Chase
Lender Processing Services
Long Beach Mortgage
Stacy Spohn
Christina Trowbridge
Washington Mutual Bank

Action Date: September 30, 2010
Location: New York, NY

On September 29, 2010, financial giant JP Morgan Chase announced it was suspending 56,000 foreclosures because its documents may have been “submitted without proper review.” To assist JPMorgan Chase, Fraud Digest suggests that it dismiss those actions where the Affidavits or Mortgage Assignments were signed by the following robo-signers: Beth Cottrell, Whitney Cook, Christina Trowbridge and Stacy Spohn from the Chase Home Finance office in Franklin County, OH; Margaret Dalton and Barbara Hindman from the Jacksonville, FL office of JPMorgan Chase; and any of the Lender Processing Services robo-signers from the Dakota County, MN office including Christina Allen, Liquenda Allotey, Christine Anderson, Alfonzo Greene, Laura Hescott, Bethany Hood, Cecelia Knox, Topako Love, Jodi Sobotta, Eric Tate, Amy Weis and Rick Wilken. In particular, JP Morgan Chase should look at those cases where the bank has supposedly assigned mortgages to WaMu, WMALT, Long Beach Mortgage Company and NovaStar trusts years after the closing dates of these trusts. The number of questionable or fraudulent documents is likely to be much closer to 560,000 than to 56,000, and that will only be a good beginning.

Sample Of The Work

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



Posted in assignment of mortgage, chain in title, chase, conflict of interest, conspiracy, CONTROL FRAUD, corruption, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, fraud digest, investigation, jeffrey stephan, jpmorgan chase, Kristine Wilson, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, Lender Processing Services Inc., LPS, MERS, MERSCORP, Moratorium, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Notary, robo signers, shapiro & fishman pa, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, Supreme Court, Violations, Wall Street, wamu, washington mutual9 Comments

CAUTION: FRAUD WILL NOT HALT A FORECLOSURE IN FLORIDA

CAUTION: FRAUD WILL NOT HALT A FORECLOSURE IN FLORIDA

It was a very sad day for Floridians yesterday when the Florida Supreme Court issued a statement that it does not have authority to intercede while a fraud investigation is pending. Although we may not agree with the decision, we must respect procedures that must be followed.

Florida, do not quit what you are doing because there are many states that we must continue to focus on. Judges need to put themselves in the homeowners situation and understand we cannot make these fraudulent documents up. These documents are sworn statements, under perjury of law and notarized. As officers of the court they must be held accountable. No ifs, ands, buts or suppose here. These are not errors.

Rest assured that The Florida Bar still has many pending investigations with these foreclosure firms and they have authority overseeing the misconduct of their members.

I am your voice, America. I share your fears, read your concerns and do try my best to reach out to you.

DinSFLA

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



Posted in assignment of mortgage, bogus, conflict of interest, CONTROL FRAUD, corruption, deed of trust, djsp enterprises, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, lawsuit, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, robo signers, shapiro & fishman pa, signatures, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, Supreme Court3 Comments

FORECLOSURE DEFENSE ATTORNEYS…TIME TO TAKE OFF THE GLOVES!!!

FORECLOSURE DEFENSE ATTORNEYS…TIME TO TAKE OFF THE GLOVES!!!

I have to apologize to Mr. Martinez as I normally do not post full content unless it is one of those post that you must read without being navigated to another place or distracted. Please visit the link below as it is a great source from an insider stand point.

FORECLOSURE DEFENSE ATTORNEYS…TIME TO TAKE OFF THE GLOVES!!!

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Ok I get it… ….Attorney’s are to hold themselves to a higher standard…professionalism…professional courtesy…courtroom edicate…yada yada yada!  I get it I really do!  But my fellow legal advocates…it really is time to take off the gloves.

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In hearing after hearing I’m seeing these defense attorneys walk in with the same timid attitude of sorts trying to be nice, trying to maintain their professionalism while across the table I’m seeing these foreclosure mill runners (I call them runners because they’re not even the attorney on the case just the runner appearing before the judge on behalf of the foreclosure mill) being extremely flagrant, arrogant and flat-out bully like to a large degree.  And what I’ve noticed is that the moment they get tripped up by the more aggressive defense lawyer, they tend to quickly tell the judge how they’re not the attorney assigned to the case and how they’re just present for the hearing and will have to check back or ask for a continuance or make the defense feel like they’ve won something by postponing the sale.  Amazing how on the fly these runners are making decisions for their clients about postponements without making a call.

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Quite frankly for those who know me personally I give you what you dish out.  If you act like a bully I’m going to treat you like a bully.  I personally don’t like these foreclosure mills and what they stand for on a moral and ethical front.  I believe that any attorney that can stomach putting families in masses in the street for money is morally challenged and any lawyer that’s willing to commit fraud upon the court doesn’t deserve my professional courtesy.  Defense attorneys need to stop treating these foreclosure mill attorneys as their equal brothers and sisters of the profession and start treating them like enemies of the state.  That may seem a bit harsh but for every homeowner that seeks our assistance does so with a passion unseen or felt by our profession.  We need to harvest that same passion, translate it into legal argument and bring it right into the courtroom.  We cannot allow for families to lose their home as a matter of course through runners!  RUNNERS!!! Are you kidding me!  We should be kicking their ass’s right out the courtroom down out to the street and we aren’t.  We are giving them professional courtesy.

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I think it’s time to get aggressive and outright scary in these courtrooms.  Why should a judge take us seriously when we’re not bringing the passion and seriousness of the issues to the forefront?  I walk into courtrooms and see judges laughing, I see lawyers talking while waiting their turn and a hearing is going on.  I see judges making jokes and then saying your motion to dismiss is denied.  I am nothing short of AMAZED at how unimportant kicking a family out of their home is.  Let me tell you that it’s one thing to see an adult client in front of you but it is something completely different to visit their home and see a child 4 or 5 holding a toy or a 12-year-old ask you if you’re going to save his family.  I recently traveled to New York on another case and let me tell you that in these judges courtroom, intimidation is not the word.  NO ONE is talking in the courtroom.  These judges in New York are not playing and neither are the defense attorneys.  I see great passion and argument and I see judges looking squarely at the merits of the case.  So why is this not happening in Florida courts?

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When I see my legal associates like Matt Weidner put up a post of frustration and fear that we are losing the battle I get angry and begin calling members of my legal team to have a strategy session and figure out new ways to take back the momentum.  Defense attorneys need to silence the courtroom with their passion and sound legal arguments.  They need to create the platform in which judges and other defense attorneys stay quiet to learn.  We need to own the room when we’re in it and speaking and we need to spank these little foreclosure mill runners and make them run back to daddy Stern or daddy Watson.  Walk into court every time knowing they’ve committed fraud.  Stop being so scared to say it and use every other word you know to describe it.  Say it loud…FRAUD FRAUD FRAUD!!!  Move for sanctions!  They’re crooks…treat them like it!  Stop treating them like your equal, stop giving them professional courtesy and start treating them like they deserve to be treated!

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TIME TO TAKE OFF THE GLOVES!!!

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Source: DISCOVERY TACTICS

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



Posted in assignment of mortgage, chain in title, conflict of interest, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, robo signers, servicers5 Comments

Florida Supreme Court Will Not Stop Foreclosure Mills Pending Investigations Of Fraud

Florida Supreme Court Will Not Stop Foreclosure Mills Pending Investigations Of Fraud

The Florida Supreme Court said today:

The Florida Constitution and court rules did not give the Chief Justice authority to intercede in pending cases involving attorney misconduct, or to investigate allegations of fraud or misconduct in foreclosure cases. The fraud cases must first beadjudicated in trial courts.

Congressman Grayson has asked the Florida Bar to take action.

Florida Default Law Group has been added as the fourth law firm under investigation along the Law offices of David J. Stern, Shapiro & Fishman and Law Office of Marshall Watson.

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



Posted in assignment of mortgage, bogus, chain in title, CONTROL FRAUD, deposition, djsp enterprises, DOCX, erica johnson seck, fannie mae, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, GMAC, injunction, investigation, jeffrey stephan, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, Lender Processing Services Inc., LPS, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, robo signers, servicers, shapiro & fishman pa, stopforeclosurefraud.com, Supreme Court5 Comments

INDYMAC’S/ONEWEST FORECLOSURE ‘ROBO-SIGNERS’ SIGNED 24,000 MORTGAGE DOCUMENTS MONTHLY

INDYMAC’S/ONEWEST FORECLOSURE ‘ROBO-SIGNERS’ SIGNED 24,000 MORTGAGE DOCUMENTS MONTHLY

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. 🙂 ‘<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 “principal place of business” 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.

DEPOSITION OF ERICA JOHNSON SECK

[ipaper docId=37528161 access_key=key-t6hhb0aqxj8gvgam8s7 height=600 width=600 /]

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 STOTTS  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

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



Posted in assignment of mortgage, bogus, CONTROL FRAUD, corruption, deposition, deutsche bank, erica johnson seck, fdic, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Former Fidelity National Information Services, investigation, judge arthur schack, Law Offices Of David J. Stern P.A., lis pendens, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, onewest, robo signers, roger stotts, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com12 Comments

Is It Time to File Quiet Title Actions on Foreclosed Homes?

Is It Time to File Quiet Title Actions on Foreclosed Homes?

[GUEST POST]

Is It Time to File Quiet Title Actions on Foreclosed Homes?

THIS IS NOT Intended to Be Construed or Relied upon as COMPETENT LEGAL ADVICE—it is an academic paper discussing various perceptions of evolving potential facts and law, which may differ state by state and within jurisdictions within states. Readers are urged to obtain competent legal representation to review their facts.

In the past, foreclosed homeowners and their attorneys have discussed the utility of filing quiet title actions where homes have been seized and deficiency judgments entered by various foreclosure claimants that purport to unknowingly rely on faulty documentation. There are dangers. A buyer that has acquired a foreclosed home—or the foreclosing entity itself—may bring an action against a dispossessed person seeking redress. A pro se plaintiff or an attorney that represents the wronged homeowner may be subject to sanctions for raising a spurious or improperly supported claim. Today facts appear to put a defense attorney at risk of malpractice if he does not preserve his clients’ interest—even post foreclosure—unless he apprises the client of the opportunity to regain title to the family home. Courts have notice of these defects by reason of withdrawals of support documents—beyond GMAC.

Recent disclosures and admissions by document creation groups, together with widespread newspaper reported facts open avenues to additional discovery and formulation of academic legal opinion. These will open the door for claims to set aside erroneous judgments and/or pursue damages against those servicers, Indenture Trustees and document preparers that either knowingly, negligently, or acted with willful disregard to perpetrate fraud on the courts and the hapless home-owners. Mortgage-backed securities investors may also find an interest in these activities. Failed documentation may disguise outright fraud. Attestations and sworn affidavits serve a fundamental purpose—prevention of fraud. These are not mere technicalities as propounded by some industry apologists.  Certainly, homeowners with continuing duties of enforced silence may have opportunity to re-open their settlements in light of these possible fraudulent impositions and inducements.

There are at least two sets of circumstances raised to date whereby potentially void or voidable documents have been used to push homeowners into the streets and into bankruptcy;

  • Complaints in foreclosure supported by assignments of mortgage from purported representatives of MERS to various entities
  • Motions for Summary Judgment supported by Affidavits of Claimants—most notably GMAC’s Jeffrey Stephan

On September 23, 2010 the Washington Post added to the furor surrounding the (majority) federal government owned [ALLY] GMAC’s revelations from earlier this week. GMAC used affidavits executed by an employee, Jeffrey Stephan, who admitted in deposition testimony in December 2009 and June 2010, that he did not actually verify the mortgage foreclosure information to which he was testifying in connection with the foreclosures of two families.

In addition, he admitted signing these “affidavits,” and passing them for later notarization in bulk, a violation of proper notary procedure. Mr. Stephan signed off on 10,000 mortgage documents per month according to his June deposition and the Post article. GMAC, in this instance, took the honest and safe course of “temporarily suspending” some foreclosure-related activities in 23 states – as reported by several large newspapers, including the New York Times, Bloomberg and The Washington Post. The “temporary suspension” allows for evaluation of the impacts of this admitted breakdown in the system, rather than blatantly defrauding foreclosure courts in judicial foreclosure states.  The New York Times on the 22nd speculated that: [GMAC] “actions suggest concern about potential liability in evicting families and selling houses to which it does not have clear title.” [Emphasis added]  The same article notes that; “The lender said it was also reviewing completed foreclosures where the same unnamed procedure might have been used.” [Emphasis Added]. The step referred to in these articles, preparation and filing of an affidavit in support of a Motion for Summary Judgment—along with the Motion itself –occur well into the foreclosure process.

However, there is another critical document created and filed by a claimant with the foreclosure court at the beginning of foreclosure. This document, the Assignment of Mortgage, is supposed to support the claimant’s right or legal “standing” to press the Complaint in Foreclosure. The Complaint is the basis for the foreclosure and creation of a “deficiency judgment” – the amount left owing by the homeowner after the claimant sells the house for less than the amount owed and includes added fees and charges. The claimant uses the deficiency judgment to seize the homeowner assets and future paychecks. In most instances the assignment is the only document before the court that associates the claimant with the borrower. The complaint and supporting assignment frequently surprise and confuse the homeowner by naming an entity or sham “trust” that the homeowner has never heard of before.

The Assignment of Mortgage is significantly more important than the affidavit in support of the Motion for Summary Judgment, if for no other reason sheer numbers.  Typically most homeowners have undergone a psychological bruising and beating from the loan servicer by the time the actual Complaint in Foreclosure is filed. Often the family has lost the pay of one, if not both, wage earners and seeks some relief from one of the high cost, predatory loans created 2003-2007. Unfortunately the servicer typically refuses to discuss modification or any relief unless the homeowner has fallen behind in payments. The servicers may rely on terms limiting its authority within the securitization documents in respect of this hard-nose approach.

The hard-nose response gives the servicer cover for actions or abuses that often characterize its subsequent conduct. At that point, the servicer transfers the loan to the default department or outsources to a “default management” operation. This is an aggrandized term for collection agency. The “department” or collection agency often calls the family up to six or more times a day demanding money—rarely the same caller twice. Typically, this will throw the family into confusion and despair. Pleas for relief fall on deaf ears unless the family meets demands to “make up late payments and added fees.”  It’s just the beginning of a process that has the effect, if not the purpose, of destroying the family’s morale. The servicer may follow up with notices tacked on the homeowner’s door, a barrage of ominous if not outright threatening letters and other actions aimed at driving the homeowner to abandon the home and neglect a legal defense.

If the homeowner is either naïve enough to believe that the touted voluntary [for servicers] relief programs actually operate, or desperate to keep a roof over the family’s head, the loan modification dance begins. Under the guise of compliance with HAMP, the collection agency demands an array of homeowner financial and employment information. Irrespective of the use that the homeowner desires for that information, it will be of great help to the collection agency to locate assets and paychecks down the road to collect the looming deficiency. But today the information rarely satisfies the servicer in respect of moving towards a modification. The demanded documents are often purportedly “lost” by the servicer, or deemed inadequate—anything to drag out the nightmare and break the family’s spirits. After submitting and resubmitting documents, explanations, and hours on the telephone day after day, week after week, any false hopes that are raised are destroyed by a denial. Homeowners often will be told to try again-with the same results.

After about 3-4 months, perhaps even while the family thinks that a modification is soon to be forthcoming, the ax falls instead. An assignment is “created” and the Complaint is filed. Usually the family gives up without opposition at this point. The servicer may go so far as to place a note on the door offering to further discuss modification leaving a phone number. When the number is called by the confounded homeowner, the servicer representative may explain: “we didn’t really mean that; we just wanted to see if you have left yet!”

In some cases born of desperation, the struggling family may contact an attorney who demands $1000-$5000 just to open the case. The family has 30 days to raise the money to cause someone to simply look at the demands in the Complaint and the Assignment. In the vast majority of cases still remaining, the family gives up now, abandons the property, and no response is ever filed to the Complaint—a default judgment is entered in favor of the claimant. Most often, the family is not even aware that the demands seek more than just the home. That realization may take years to occur—when another collector knocks on the door demanding the long-forgotten deficiency. The process is aimed at breaking the family’s will, at winnowing out the homeowners. The servicer wants the home!

The articles printed prior to Sep 23, 2010 in connection with GMAC’s “unnamed procedure” did not focus upon the issue of potential forgery or related systemic fraud on the courts in connection with preparation of Assignments of Mortgage. By way of background, by reference to numerous anecdotes, it appears that often a claimant in possession of a list of homeowner loans in default provides superficial information to a default services company in respect of the borrower and property. One of the largest default service providers, by its own admission, is two-year old publicly traded Lender Processing Services (“LPS”), a spin-off from FINS. “Approximately 50 percent of all U.S. mortgages by dollar volume are serviced using LPS’ Mortgage Servicing Package (MSP)” The lender, a servicer or Indenture Trustee contracts with LPS for creation and delivery of an Assignment of Mortgage to the requesting entity. (see exhibit at end) This document is often sent directly by LPS through the mail to County Recorders to be file-stamped and recorded in the county property records.  These steps lend false authenticity to the piece of paper. By the time the targeted family sees the Complaint and attached Assignment, the assignment has been file-stamped by their local County Recorder, the Clerk of Courts and probably was attached to a subpoena “served” upon them by their County Sherriff. The family is thoroughly intimidated by the Assignment of Mortgage, which has been used to convert the family’s local authorities into apparent agents and enforcers of the distant claimant. The assignment is a powerful weapon in the war of intimidation.

The Washington Post, September 23, 2010, correlated the GMAC admitted breakdown in verification of loan files and notarization process with the assignment creation process operated by LPS. LPS’ document creation division in Alpharetta, Georgia operating under LPS’ DOCX trademark, churned out thousands of assignments. The Post identified one prolific signatory, Linda Green. The article set out in its body several examples of Ms. Green’s signature—which differ dramatically one to another. The Post stated the likely observation that the signatures were made by other LPS employees in addition to Ms Green.  She is but one example at one LPS office: there are others with similar handiwork including Tywanna Thomas and Korrel Harp at that office. Mr. Harp has the added dubious distinction of having been jailed for and plead guilty to “Knowingly Possessing False Identification” relating to an arrest in Oklahoma in 2008.   At the age of 24, Mr. Harp was signing as Vice-President of Mortgage Electronic Services Inc., aka MERS. MERS has been nominal owner of 65 million home mortgages—and receives mortgage title to 60% of all new mortgages.

As a VP of MERS the 24 year-old Harp, like Ms. Green and Thomas, purportedly possessed the power to transfer mortgages with questionable oversight to LPS’ clients—perhaps others?  Based on the signatures of Harp, Green, Thomas— and other varied, yet purportedly notarized signatures, Courts across the country have foreclosed on homes and granted deficiency judgments.  One of the in house LPS notaries was only 18 years old at the time she notarized signature for Harp, Thomas and others at DOCX. Michelle Kersch, a senior vice president for Lender Processing Services, made limited explanations by email in the Post article but did not elaborate “due to the pending criminal investigation”.

Like GMACs Stephan, LPS’ stamp and sign department was a high volume operation. Powers of attorney were not consistently attached to the crucial assignments—if at all.

In the case of Linda Green, there was no power of attorney to represent MERS on an original “assignment of mortgage dated October 17, 2008 and filed on October 13, 2009”. This technicality was disclosed in a corrective filing of assignment by Florida foreclosure firm Shapiro and Fishman dated August 11, 2010 in Lee County, Florida in support of a foreclosure by servicer AHMSI. The POA status of other prolific signers such as Harp seems equally uncertain—but as Harp has emphatically stated “I’m sure everything is legal.” There seems to be little observable difference between the conduct of GMAC’s Stephan and the LPS’ high volume signers—but for the possible failure of the LPS signers to have representative capacity to sign at all.

LPS has also made admissions that GMAC seems to echo in terms of problematic “processes”. In the company’s 2009 Annual Report on file with the Securities and Exchange Commission, published in March 2010, under “regulatory matters”Recently, during an internal review of the business processes used by our document solutions subsidiary, we identified a business process that caused an error in the notarization of certain documents, some of which were used in foreclosure proceedings in various jurisdictions around the country.”

Subsequently, April 3, 2010, the Wall St. Journal published an article regarding the issues with LPS and notary deficiencies; “US Probes Foreclosure-Data Provider”.  Foreclosure activists in Florida did not let the admission pass. These persons identified and brought to light signed and notarized Assignments that actually conveyed mortgages to named entities, “Bogus Assignee” and “Bad Bene”. These clearly established undeniable proof that LPS’ internal controls were compromised and virtually any name could be inserted as a claimant in a foreclosure action.

LPS’ CEO Jeffrey Carbiener authored a Letter to the Editor of the Florida Times-Union responding to an article published May 14, 2010 referring to “bad bene” and “bogus assignee”. In his open letter admissions in the press Carbiener asserted that the bogus names were “placeholders” put in the signed and notarized assignment documents “…until the missing information [claimant name] was provided…” Carbiener noted that the forms, as well as the data inserted, were based on instructions from clients with the “placeholders” used until more data is provided.  This amounts to a Nuremberg Defense.

The Carbiener comments attempt to place the onus of error in naming mortgage claimants on his clients—but for the obvious so-called placeholders. However, Carbiener’s comments have great significance beyond LPS role. This explanation is an admission that assignments were prepared in blank based on client information. According to Carbiener, it would appear that the named claimant was subsequently determined by the client and inserted. This process allows substantial opportunity for abuse, suggesting that a servicer determined that a loan was in default, and then someone engaged in a separate process to identify a claimant to whom the proceeds of foreclosure would be awarded.

The difficulties, or opportunities, for a servicer and his client Indenture Trustees to shift the benefits among potential investor beneficiaries are more apparent when one reviews the SEC filings of now bankrupt mortgage note originators such as American Home Mortgage group (“AHM”) and Option One.

Both originated loans that were supposedly stuffed into trusts. On paper the trusts supposedly issued mortgage-backed securities to trusting investors. However, purported trust-sponsors AHM and Option One and the Indenture Trustees were at best haphazard in meeting basic commitments and representations that were plainly stated in the securitization documents they themselves filed. The trust documents clearly state that the lists of loans included in the trusts were filed with the SEC and the appropriate Secretary of State (UCC). The securitization documents provided detailed descriptions of the information to be included in the filed list. This information was sufficient that a homeowner could determine if the trust owned his/her loan and was the proper party to receive his payments. Investors in the trust MBS could look to the list to determine the principal amount of the loans that “backed” the investment, as well as loan to value ratios and other relevant information that would indicate the value of the loans—and provide information adequate to determine if the same loan was placed in multiple trusts. However, for AHM, 7 of the 12 investment trusts filed with SEC lacked the lists.  The schedule stated, “manually filed”, but the manual filing was not made in many instances. The actual manual filings made are identified on the SEC dockets for the trusts as “SE” for “scanned exhibit.” Under the “SE” docket entry, the list would be found in specificity.  One such example of a trust with a proper loan list was American Home Mortgage Investment Trust 2005-2.

In motion practice in connection with a homeowner’s motion to dismiss a naked claim by one of Korrel Harp’s or Linda Green’s appointed mortgage assignment beneficiary trusts, one could note that the trust lacked a loan list and ownership of the loan could not be independently verified by reference to government records as intended. In so doing, it was possible to refer the court to the properly filed loan lists to note the clear distinction and value of the list. It was possible to prove that the lists were not intentionally missing due to some overriding concern for homeowner privacy—a common speculation. It was also useful to prove that missing loan lists were not customary “industry practice”. The filed list was a government record freely accessible to the public online. That changed between July 21, 2010 and September 02, 2010. Loan lists that had been on file and available for investors and homeowners to view online on the SE site were unceremoniously deleted. The lists are no longer freely accessible. A demand is now necessary under Freedom of Information Act—the proper loan lists can no longer be referenced in motions to dismiss. The effect was equivalent to, if not the same as, intentional destruction of evidence by the SEC. It is of interest that on the same day as the Washington Post detailed the LPS similarity to GMAC in terms of uncertain document authenticity, the WSJ also ran a front-page article detailing questionable actions taken in recent months by SEC. Washington Post, September 22, 2010, SEC Blasted on Goldman.

In summary, SEC failed to require actual filing of loan lists by the trust sponsors and the Indenture Trustees. This failing has lead to LPS and GMAC transfers of claims to unverifiable beneficiaries. This the Times suggests, creates a cloud on the title of the new home buyers of foreclosed properties. Then to complete the injury and remove opportunity for homeowners to defend unsupported claims, SEC destroys evidence that could be useful to homeowners being foreclosed and investors seeking to prove fraud. The mortgage fiasco has roots in SEC failure to regulate and its continuation and concealment of potential fraud is an abuse of discretion by SEC, which is supposed to support disclosure of information—not hide it.

Excerpted from: DOCX eAssignTM brochure (no longer found online)

eAssign utilizes the industry’s most robust property records database and data capture capabilities to significantly reduce timelines and costs for lienholders when creating (emphasis added) and recording lien assignment documents.

This article was contributed by an anonymous supporter of StopForeclosureFraud.com

© 2010 FORECLOSURE FRAUD | by DinSFLA. All rights reserved. www.StopForeclosureFraud.com

Creative Commons License

Related links:

LPS 101

MERS 101

NO. THERE IS NO LIFE AT MERS

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



Posted in bogus, conflict of interest, CONTROL FRAUD, corruption, deed of trust, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, GMAC, investigation, jeff carbiener, jeffrey stephan, Korrel Harp, Lender Processing Services Inc., linda green, MERS, MERSCORP, michelle kersch, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, quiet title, robo signers, S.E.C., securitization, servicers, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, trade secrets, Tywanna Thomas8 Comments

Judge Schack “Every Case Is Unique,” Wants Every Assignment and Mortgage To Be Recorded!

Judge Schack “Every Case Is Unique,” Wants Every Assignment and Mortgage To Be Recorded!

See where Judge Schack takes this and even if not mentioned he makes reference to MERS. Every judge must follow his example and read and research each case because it the end “each case is unique”. If we can only make a rubber stamp weigh 2 tons?? Hmm

Mortgage mayhem

B’klyn judge tosses bad foreclosure filings

By GREGORY BRESIGER
Last Updated: 1:29 AM, September 26, 2010
Posted: 1:07 AM, September 26, 2010

With foreclosure filings growing by the month, some judges are holding banks and loan servicers’ feet to the fire to prove they “own” the mortgage and that they know what information is in the filing.

Recently, JPMorgan Chase, a mortgage servicer, was charged by a Florida judge with submitting fraudulent foreclosure paperwork on a home it did not own.

Ally Bank, formerly GMAC, the credit arm of the troubled automaker General Motors, suspended foreclosure proceedings in 23 states including New York last week, while it reviews its foreclosure procedures.

Ally, which has a $349.1 billion mortgage portfolio, according to industry records, and was also the beneficiary of more than $17 billion in US bailout funds, said this week it has amended its foreclosure procedure to make sure the documents contain truthful information and that there is a notary present when documents are signed.

Closer to home, in New York State Supreme Court no foreclosure hearing is routine in Judge Arthur Schack’s courtroom in Brooklyn. That’s where dozens of bank attorneys are learning that every detail must be right or else.

Judge Schack — the scourge of numerous banks and poorly prepared attorneys — has thrown out dozens of foreclosure applications for just the same reasons cited in Florida.

Judge Schack examines every filing in detail. That’s because “every case is unique,” said the 64-year-old judge, a former high-school social-studies teacher.

Why the large number of foreclosure dismissals for a procedure that is often routinely granted?

Continue Reading…NEW YORK POST

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



Posted in assignment of mortgage, chain in title, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, jpmorgan chase, judge arthur schack, Law Office Of Steven J. Baum, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers, securitization, Wall Street0 Comments

KRISTINE WILSON “SECOND” GMAC ROBO-SIGNER SURFACES, AFFIDAVITS WITHDRAWN

KRISTINE WILSON “SECOND” GMAC ROBO-SIGNER SURFACES, AFFIDAVITS WITHDRAWN

Ally’s GMAC unit withdraws foreclosure affidavits signed by second employee

By Ariana Eunjung Cha  | September 25, 2010; 11:34 AM ET

Was Kristine Wilson another “robo-signer”?

Attorneys for homeowners in Florida say Ally Financial’s GMAC mortgage unit has begun to withdraw affidavits submitted in support of foreclosures that were signed by a second employee. Like Jeffrey Stephan–the document processor who admitted in sworn testimony that he signed 10,000 documents a month without reviewing them–Kristine Wilson signed as a “limited signing officer” for GMAC.

In a request to withdraw an affidavit listing debts owed by a homeowner that was signed by Wilson in a Palm Beach County Circuit Court case, lawyers for GMAC say that “information in the affidavit may not have been properly verified.”

Continue reading…WASHINGTON POST

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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, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, jeffrey stephan, Kristine Wilson, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., note, robo signers, stopforeclosurefraud.com1 Comment

Illinois Joins U.S. State Officials On GMAC Investigation

Illinois Joins U.S. State Officials On GMAC Investigation

U.S. State Officials Investigate After GMAC Halts Evictions

September 25, 2010, 12:01 AM EDT

By Dakin Campbell

Sept. 25 (Bloomberg) — Attorneys general in three U.S. states are investigating foreclosures at Ally Financial Inc.’s GMAC Mortgage unit after the lender said it would halt some evictions following a discovery of faulty documentation.

Texas, Iowa and Illinois have started investigations into mortgage practices at Ally, while California, which isn’t affected by GMAC’s action, ordered the company to stop foreclosures unless it can prove compliance with state law, according to statements. Ally said it has issued a “more robust policy” on processing foreclosures, increased staff to handle documents and instituted more training for employees.

“Preserving the integrity of the foreclosure process is of the utmost importance,” Ally said yesterday in a statement. “While we are exercising an abundance of caution in the review process, we are confident that the processing errors did not result in any inappropriate foreclosures.”

Continue reading…BUSINESS WEEK

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September 24, 2010

ATTORNEY GENERAL MADIGAN DEMANDS MEETING WITH
MORTGAGE LENDER AT CENTER OF FORECLOSURE CONTROVERSY

GMAC Suspected of Submitting False Documents in Foreclosure Cases

Chicago ­ Attorney General Lisa Madigan today issued a letter to the mortgage lender Ally (formerly GMAC) demanding a meeting to address concerns that the company has violated the state’s Consumer Fraud Act in its pursuit of Illinois homeowners in foreclosure. Madigan’s letter responds to reports raising serious questions about the accuracy of documents the lender files in foreclosure lawsuits.

An Ally employee testified in a Florida court case that he routinely signed affidavits for foreclosure lawsuits and submitted them to Ally’s attorneys without reviewing the homeowners’ loan documents. These affidavits were then filed with the court as evidence of Ally’s right to foreclose on the homes. The employee testified that he signed at least 10,000 affidavits a month without reviewing the underlying paperwork, and thus had no way of knowing whether the information in the affidavits was actually true.

“Families’ homes are at stake here,” Madigan said. “If I determine that Ally is rubber-stamping affidavits and filing them with our courts as evidence, I will take appropriate action. The law demands that lenders prove their case in foreclosure actions, and Illinois homeowners demand the same.”

Following these revelations, Ally announced this week that it is suspending foreclosure lawsuits in 23 states, including Illinois.

Madigan also requested that Ally immediately provide her office with details on the impact of Ally’s conduct on Illinois homeowners, including the number of Illinois homeowners affected by the suspension of foreclosures; the names of the Illinois law firms that Ally retains to pursue foreclosure actions; information about how these firms will implement and monitor the suspension of foreclosure lawsuits in Illinois; and the length of the suspension.

GMAC ranked fourth among U.S. home mortgage lenders in the first six months of this year, according to Inside Mortgage Finance, an industry newsletter.

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



Posted in assignment of mortgage, bloomberg, Bryan Bly, chain in title, conspiracy, CONTROL FRAUD, corruption, deed of trust, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, GMAC, investigation, jeffrey stephan, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers, trade secrets2 Comments

Mind-blowing Highlights from David J. Stern “DJSP Enterprise” Conference With Audio

Mind-blowing Highlights from David J. Stern “DJSP Enterprise” Conference With Audio

Thank you to our friends at American United For Justice for providing this mind blowing audio on a conference Mr. Stern held for DJSP investors. These are some of the highlights of this conference in no particular order. Read it carefully and don’t miss the audio below.

“We take em’ from cradle to grave.”

David Stern, President and CEO of DJSP Enterprises, Inc.

His baseball pitch-

One of my favorite questions from one of my believers, one of my investors on the first call-in, “What inning are we in? If this was a baseball game, what inning are we in?” And my response is, we’re only in the 2nd inning. We still have 3 innings of foreclosures left, and after the foreclosures, we have 3 innings of REO liquidation and as the REO liquidations pan out, we get into the re-fi and we get into the origination.
[ . . . ]
So yeah, we’re in the 2nd inning, but guess what – when we get to the 9th inning, it’s going to be a doubleheader and we got a second game coming. So when people say, “Oh my God, the economy is bad!” I’m like, “Oh my God, it’s great.” I mean, I hate to hear people are losing their homes and credit isn’t available and credit is such that they can’t re-fi, but if you are in our niche, it’s what we do and it’s what we want to see.

Crystal ball admission here-

No matter what Obama rolls out, there is no stopping this inflow of continued defaults that we anticipate to go for another two or three years late behind that is the math of REO’s that need to be liquidated and at the end of the day, the cycle will start again. Well, foreclosure volumes through 2012 are expected to increase dramatically and remain at high levels going on till 2017?

“Increase in Modification Services… This is what Obama rolled out. . Home Affordable Modification Program. Unfortunately, it’s what…folks if you do what I do…unfortunately it is failing. We have the opportunity to handle the modification or where we do have a modification, we get to charge for title search, we get to charge for title exam, we get to charge for doc prep we get a 600.00 dollar incentive fee?

And at the end of the day when it’s all said, 66,000 have been done to date… of the 66,000 more than 20% have failed. So we can get the file in, we start with the foreclosure, we bill for the foreclosure, we get the mod in, we make the incentive, we doc prep, we get the title, the mod is done and guess what? It falls out. It all comes back to foreclosure land and we get to start the foreclosure all over again! So no matter what the Obama Administration brings our way. We have found a way to create a profit center on it and that I think is part of that success!”

 

The audio is here: DJSP DAVID STERN CONFERENCE

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Related Link:

DJSP, Enterprises

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



Posted in assignment of mortgage, Cheryl Samons, conflict of interest, conspiracy, CONTROL FRAUD, djsp enterprises, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, Law Offices Of David J. Stern P.A., notary fraud, robo signers, shannon smith, STOP FORECLOSURE FRAUD, Supreme Court3 Comments

California Attorney General Demands Halt To Foreclosures By Mortgage Giant

California Attorney General Demands Halt To Foreclosures By Mortgage Giant

California Demands Halt To Foreclosures By Mortgage Giant

By Dale Kasler
dkasler@sacbee.com

Published: Friday, Sep. 24, 2010 – 11:39 am
Last Modified: Friday, Sep. 24, 2010 – 11:46 am
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California officials today demanded that Ally Financial Inc. stop foreclosing on homes in the state, citing reports indicating the big mortgage lender is violating the law.

The cease-and-desist letter, issued by Attorney General Jerry Brown, came as officials in several other states began investigating Ally’s operations.

The controversy stems from a Florida court case in which an Ally official reportedly testified that he signed thousands of documents in foreclosure cases without even reviewing the homeowners’ loan documents.

Continue Reading…THE SACRAMENTO BEE

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



Posted in chain in title, concealment, conflict of interest, CONTROL FRAUD, corruption, deed of trust, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, GMAC, investigation, jeffrey stephan, MERS, MERSCORP, Moratorium, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., non judicial, note, robo signers, stopforeclosurefraud.com2 Comments

FORECLOSURE FRAUD LETTER TO FANNIE MAE FROM GRAYSON, FRANK and BROWN

FORECLOSURE FRAUD LETTER TO FANNIE MAE FROM GRAYSON, FRANK and BROWN

This should send a powerful message to each and every Foreclosure Mill out there! You are NEXT!

September 24, 2010

Michael J. Williams
President and Chief Executive Officer
Fannie Mae
3900 Wisconsin Avenue, N.W.
Washington, D.C. 20016

Dear Mr. Williams,

We are disturbed by the increasing reports of predatory ‘foreclosure mills’ in Florida working for Fannie Mae servicers.  Foreclosure mills are law firms representing lenders that specialize in speeding up the foreclosure process, often without regard to process, substance, or legal propriety.  According to the New York Times, four of these mills are both among the busiest of the firms and are under investigation by the Attorney General of Florida for fraud.  The firms have been accused of fabricating or backdating documents, as well as lying to conceal the true owner of a note.

Several of the busiest of these mills show up as members of Fannie Mae’s Retained Attorney Network, a set of legal contractors on whom Fannie relies to represent its interests as a note-holder.  The network also serves as a pool of legal talent that represents Fannie in its pre-filing mediation program, a program designed to facilitate communication between borrowers and servicers prior to foreclosure. In other words, Fannie Mae seems to specifically delegate its foreclosure avoidance obligations out to lawyers who specialize in kicking people out of their homes.

The legal pressure to foreclose at all costs is leading to a situation where servicers are foreclosing on properties on which they do not even own the note.  This practice is blessed by a legal system overwhelmed with foreclosure cases and unable to sort out murky legal details, and a set of law firms who mass produce filings to move foreclosures as quickly as possible.  At the very least, we would encourage you to remove foreclosure mills under investigation for document fraud from the Fannie Mae’s Retained Attorney Network. We also believe that Fannie should have guidelines allowing servicers to proceed on a foreclosure only when its legal entitlement to foreclose is clearly documented.  In addition, these charges raise a number of questions for us about the foreclosure process as it pertains to Fannie Mae’s holdings.

Why is Fannie Mae using lawyers that are accused of regularly engaging in fraud to kick people out of their homes?  Given that Fannie Mae is at this point a government entity, and it is the policy of the government that foreclosures are a costly situation best avoided if there are any lower cost alternatives, what steps is Fannie Mae taking to avoid the use of foreclosure mills?  What additional steps is Fannie Mae going to take to ensure that foreclosures are done only when necessary and only in accordance with recognized law?  How do your servicer guidelines take into account the incentives for fraud in the fee structure of foreclosure attorneys and others engage in the foreclosure process?  What mechanisms do you employ to monitor legal outsourcing?

We look forward to your responses and to understanding more about these disturbing dynamics in future hearings.

Sincerely,

Alan Grayson
Member of Congress

Barney Frank
Member of Congress

Corrine Brown
Member of Congress


[ipaper docId=38085026 access_key=key-16a2ffn67hrkd71ga6q0 height=600 width=600 /]

BELOW ARE EXAMPLES OF THE WORK COMING

FROM FANNIE/FREDDIE/MERS/LPS

FORECLOSURE MILL BARON’S

THERE IS MORE OF THESE


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



Posted in assignment of mortgage, bogus, chain in title, concealment, conflict of interest, CONTROL FRAUD, corruption, djsp enterprises, DOCX, fannie mae, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, GMAC, investigation, 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, mbs, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, robo signers, roger stotts, securitization, shapiro & fishman pa, STOP FORECLOSURE FRAUD, stopforeclosurefraud.com, sub-prime, Wall Street5 Comments

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