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Foreclosure mill getting peppered, Linked to the first criminal case brought against alleged robo-signers

Foreclosure mill getting peppered, Linked to the first criminal case brought against alleged robo-signers


In case you wish to read the transcripts from this story check it out: FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES “LPS” SCOTT A. WALTER PART 1 &

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES SCOTT A. WALTER PART 2 “STEVEN J. BAUM, P.C.”, “O. MAX GARDNER”, “US TRUSTEE”

NY POST-

The stink is growing around the state’s largest foreclosure mill.

The Steven J. Baum law firm, which last month agreed to pay a $2 million fine to settle a federal probe into bogus foreclosure case filings, has now been barred by federal mortgage giants Fannie Mae and Freddie Mac from getting any more referrals of home loan defaults owned by either company.

In addition, the 70-lawyer firm is linked to the first criminal case brought against alleged robo-signers.

The criminal case was brought by the Nevada attorney general against two title officers — Gary Trafford and Gerri Sheppard — charged with forging signatures on 606 foreclosure-related mortgage documents.

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PT. 2 “NO TRUST LOAN TRANSFER” DEPOSITION TRANSCRIPT OF DEUTSCHE BANK NATIONAL TRUST CO. VP RONALDO REYES

PT. 2 “NO TRUST LOAN TRANSFER” DEPOSITION TRANSCRIPT OF DEUTSCHE BANK NATIONAL TRUST CO. VP RONALDO REYES


Affidavit Included

Excerpt: Pg 168

Q. To the best of your knowledge, did Chase ever own Ms. Nuer’s loan?

A. No.

Q.  To the best of your knowledge, was Ms. Nuer’s loan ever transferred out of this trust?

A. No.

Q.  Does the trust continue to own Ms. Nuer’s loan today?

A. Yes.

Q. Is it possible that this loan, Ms. Nuer’s loan, somehow transferred to the trust by Chase in November 2008?

A. No.

[…]

Down Load PDF of This Case

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DEPOSITION TRANSCRIPT OF DEUTSCHE BANK NATIONAL TRUST CO. VP RONALDO REYES

DEPOSITION TRANSCRIPT OF DEUTSCHE BANK NATIONAL TRUST CO. VP RONALDO REYES


Be prepared to blown away with April Charney and Linda Tirelli!

THEY DO NOT BACK DOWN!

Be sure to go down to the “related depos” down below…

Down Load PDF of This Case

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Sen. Franken Can Begin Looking Into Robo-Signing In Minnesota

Sen. Franken Can Begin Looking Into Robo-Signing In Minnesota


Sen. Franken, please allow this site to make it very simple for you and address your concerns of the very problematic ‘robo-signing’ issues that you find troubling. There is an address in your neck of the woods that you should be made aware of 1270 Northland Dr Ste 200 Mendota Heights, MN 55120 (link)… Then stop over to learn all about this default servicing ‘robo-signing’ company here LPS (link). In a most recent case coming from New Jersey names Laura Hescott an employee of LPS (link) the person who executed the assignment of mortgage. The Judge states the following “The bona fides of the practices of this service provider have been the subject of increased judicial scrutiny. See, e.g., In re Taylor, 407 B.R. 618, 623 (Bankr. E.D. Pa. 2009).”(link).

Franken urges reform on foreclosure ‘robo-signing’

By Andy Birkey | 02.02.11 | 4:00 pm

Sen. Al Franken participated in a U.S. Senate hearing on Tuesday regarding the foreclosure process and ways that the federal government could help Americans keep their homes while also preventing investors from losing their investments. Franken said that one of the biggest problems fueling the foreclosure crisis is “robo-signing,” a tactic used by lenders to speed up the foreclosure process.

“Many problems have come to light since the beginning of the foreclosure crisis,” Franken told the Senate Judiciary Committee. “Most recently, we have seen mortgage servicers fraudulently signing affidavits to execute foreclosures, when they have zero personal knowledge of the individual borrower’s situation. This problem, known as robo-signing, is particularly troubling to me.”

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FULL DEPOSITION TRANSCRIPT OF CHRISTIAN S. HYMER 1ST VP OF OPERATIONS FOR LENDER PROCESSING SERVICES (LPS) MINNESOTA

FULL DEPOSITION TRANSCRIPT OF CHRISTIAN S. HYMER 1ST VP OF OPERATIONS FOR LENDER PROCESSING SERVICES (LPS) MINNESOTA


Courtesy of Legal Services of New Jersey

EXCERPT:

17 Q. Okay. And how is LPS paid? Are they paid by
18 the attorney? Are they paid by the servicer who’s
19 asked the attorney to perform that service?
20 A. It depends on the service. For many
21 services, they are — the model that we operate under
22 is a vendor supportive model, “vendor” meaning the
23 attorney office would pay for that service. There are
24 some support services that the servicer pays for
25 directly.

Page 22
1 Q. So in your scenario that you just gave me a
2 few minutes ago, a law firm drafts a document, and it’s
3 sent on to LPS to see whether or not it’s appropriate
4 for LPS to sign the document. The law firm then pays
5 LPS for that service? That’s considered a support
6 service?
7 A. That’s — that’s part of the — Yeah.
8 Correct. That would be one of the support services it
9 would provide, and part of what the fee they would pay
10 would include that activity.

11 Q. Okay. And are there also payments made for
12 using the software and the platform?
13 A. There are payments made. That’s part of the
14 technology agreement. There is a technology fee
15 assessed for each, we call it a referral, but it,
16 essentially, would be a legal action of some sort or an
17 action. It’s not always a legal action. But for every
18 referral type there is a fee, and that fee ranges
19 between $5 and $75, depending on the activity to be
20 performed and the technology in play or processes in
21 play to track it.

22 Q. Okay. So, for example, is LPS paid when a
23 servicer makes a referral to a law firm within the
24 network to do — perform some service?
25 A. Yes. LPS is paid upon referral.

Read full depo below…

[ipaper docId=46216278 access_key=key-1kf683dpl4myzfj8pcdt height=600 width=600 /]

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FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES SCOTT A. WALTER PART 2 “STEVEN J. BAUM, P.C.”, “O. MAX GARDNER”, “US TRUSTEE”

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES SCOTT A. WALTER PART 2 “STEVEN J. BAUM, P.C.”, “O. MAX GARDNER”, “US TRUSTEE”


EXCERPT:

Q. So this doesn’t necessarily mean
3 that someone physically picked up the file
4 from LPS; correct?
5 A. My understanding is that this is
6 a note that automates when the attorney
7 has confirmed receipt through new image.
8 Whether that’s manual or not, I couldn’t
9 say based on the notes. And then new
10 image stamps into the LPS Desktop
11 confirming that NIE ID number 0966 and on
12 was pulled in, those documents were
13 received by the attorney.
14 Q. Does LPS have any employees at
15 the Steven J. Baum law firm?
16 A. Not that I’m aware of.

<SNIP>

Q. This is from the Steven J. Baum
law firm; correct?
3 A. It appears to be.
4 Q. Would you have any reason to
5 doubt that?
6 A. No.
7 Q. And could you tell me what this
8 entry represents.
9 A. To the best of my understanding,
10 they have user has completed a POA
11 requisite data form, exactly what it says.
12 I guess I couldn’t give you a full answer.
13 I don’t manage this process, but it
14 appears they are requesting something.
15 Q. So just start me off, POA
16 underscore requisite, what does that stand
17 for?
18 A. I could guess.
19 Q. Is that a category or a type of
20 document?
21 A. Again, I could guess.
22 Q. I don’t want you to guess, but
23 can you make an educated guess?
24 A. Power of attorney.
25 Q. Who at LPS would have a better
understanding of this process? You said
3 it’s not really you.
4 A. I don’t know.
5 Q. Let’s go to entry two hundred
6 fifty-one dated 11/4/08. User has updated
7 the system for the following. Power of
8 attorney requested, completed on 11/4/08.
9 Do you see that?
10 A. Yes.
11 Q. Can you tell me what that entry
12 is.
13 A. I could give you an educated
14 guess.
15 Q. Go ahead.
16 A. My educated guess would be the
17 attorney has requested a power of
18 attorney.
19 Q. From whom?
20 A. From that note, I couldn’t say
21 for certain. But below the secondary
22 note, it seems to indicate JP Morgan to
23 Scott Walter.
24 Q. Who is asking for that? It’s
25 kind of written in the passive.
Who’s actually asking for the
3 power of attorney?

4 A. Appears to me from the notes
5 that Steven J. Baum’s office is making
6 this request.

<SNIP>

A. It appears to be Steven J. Baum
3 noting the file, memorializing that they
4 have prepared an assignment, they have
5 uploaded it into the LPS Desktop to be
6 reviewed and executed, and that it isn’t
7 back yet.

8 Q. What does it mean assignment was
9 received not signed, who’s receiving that?
10 A. I wouldn’t know.
11 Q. Well, do you read this as the
12 assignment is not signed?

13 A. I read it as an assignment is
14 not signed or, let me better state what I
15 meant to say, is that a signed assignment
16 hasn’t been received by Steven J. Baum.

17 Which assignment though I couldn’t tell
18 from this note.

19 Q. Would this assignment be signed
20 by LPS; is that what this is saying?

21 A. It appears that the attorney is
22 stating that.
However, I can’t tell you
23 whether LPS would have signed this
24 document or not without seeing the
25 document that the note’s referencing.

Continue below…

[ipaper docId=45568369 access_key=key-v8mlj41f5vyvfb7zbn6 height=600 width=600 /]

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FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES “LPS” SCOTT A. WALTER PART 1

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES “LPS” SCOTT A. WALTER PART 1


EXCERPT:

Q. Okay. Do you know how many — on behalf of
2 how many entities you are authorized to sign documents?
3 A. I don’t have the exact number in my head.
4 Q. Can you give me your best estimate?
5 A. More than 20.
6 Q. Okay. And how often on a daily basis do you
7 execute documents?
8 A. Once a day.
9 Q. And how many do you typically sign a day?
10 A. Less than three.
11 Q. Okay. And can you describe to me the process
12 by which you receive these documents for signature?

13 A. Sure. I am delivered, via an LPS employee
14 courier, a document, and I’m advised that it is to be
15 executed. The group that receives the document request
16 from the agent reviews the document per our protocols
17 and procedures. That document is then determined that
18 LPS can execute the document.
19 Based on the various signing authorities, it
20 will be determined that I will be the one authorized to
21 sign it. It will be delivered to me. I will review
22 the document. I will ensure that I do have signing
23 authority for the document. I will verify that the
24 document is what it says it is. Then while they’re
25 watching me, I will execute the document. It is put
back — it is put into a manila envelope, and it is
2 taken away from me.
3 Q. And when you were signing the document in
4 front of this messenger, is that person the notary?

5 A. I’m unaware if they are the notary or not,
6 but they are within the same department.

7 Q. Okay. Do you ever sign a notary log?
8 A. I don’t recall ever signing one.
9 Q. Do you ever keep track of the documents that
10 you sign?
11 A. No.
12 Q. And I meant personally.

Continue reading below…

[ipaper docId=45566864 access_key=key-1t3yu7ta47qo2pv8odux height=600 width=600 /]

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FULL DEPOSITION TRANSCRIPT OF LPS GREG ALLEN “MERS IS ALIVE”

FULL DEPOSITION TRANSCRIPT OF LPS GREG ALLEN “MERS IS ALIVE”


EXCERPT:

Q. But, for example, looking at this assignment,
document, isn’t the signer, Bethany Hood, attesting to
the fact that MERS wants to assign the Deed of Trust to Indymac Federal Bank?

MR. SPOONMORE: That’s a
mischaracterization, I object. Bethany Hood isn’t
representing; MERS is representing. That’s a gross
misinterpretation of the document.
MS. HUELSMAN: No. Ms. Hood is signing on
behalf of MERS; therefore, she is making an affirmation
on behalf of MERS.
MR. SPOONMORE: MERS is making the
affirmation.

MS. HUELSMAN: She’s making it on their
behalf.
MR. SPOONMORE: Yeah, as MERS is the one
making the affirmation.

Q. So could you please answer the question,
Mr. Allen?
A. MERS is making the reaffirmation.
Q. Mr. Allen, you’re not allowed to parrot
your attorney’s response. Please-

MR. SPOONEMOORE: He’s-
MS. HUELSMAN: –answer–
MR. SPOONMORE: –answered your–
MS. HUELSMAN: –the question.
Are you coaching him, Mr. Spoonmore?
MR. SPOONMORE: No. I’m saying the
premise of your question-
MS. HUELSMAN: well-
MR. SPOONEMOORE: –is–
MS. HUELSMAN: –a speaking–
MR. SPOONEMOORE:–misleading–
MS. HUELSMAN:  –objection is providing
your client with an answer –your client with an
answer to a question, and that’s improper.
MR. SPOONEMOORE: Well, and a misleading
legal premise to your question is clearly
objectionable, because this client is not an attorney.
When you represent Mr. Hood is representing, that is
a gross legal mischarachterization of this document. I’m
allowed to correct that.
MS. HUELSMAN: Well, I disagree. When
people sign documents in their capacity as alleged
officers of the company, they are, in fact, making a
representation.
If MERS can figure out how, as a corporation,
which doesn’t exist except on paper, it can can sign
documents itself, then, in fact, it can say it’s
doing so without the assistance of a person.
MR. SPOONEMOORE: Legally it is MERS making the representation. People are authorized to sign on behalf of MERS. That doesn’t make them making the representation; it makes MERS making the representation.

Q. Okay. So when did MERS tell Ms. Hood that
this is what it wanted to do?
A. I would think within the –when granting the
signing authority.
Q. No. When did MERS specifically say to
Bethany Hood, We want to assign our interest in the
Deed of Trust referenced herein to IndyMac Federal
Bank? When did that occur?

MR. SPOONEMOORE: Counsel knows very well
that MERS can operate through counsel, which is their
agent. Again, you’re asking misleading questions of
this witness, and you know it. You know that MERS’s
counsel made this request, and that an agent of MERS.
MS. HUELSMAN: Well, then, you can explain
to Regional Trustee why they they violated their duty to-
to the Deed of trust doc by acting on behalf and as an
agent for somebody when they’re suppose to be acting
as a neutral in conjunction with a foreclosure sale.
Is that your representation, Counsel?
MR. SPOONEMOORE: That’s not us. You can
go after who ever you want, but as far as what we’re
doing, you’re way off base here.

Q. When did MERS give instruction to Bethany
Hood to assign this Deed of Trust? Whether it came
through Regional Trustee or Santa Clause, I don’t care.
When did MERS give this instruction to Ms. Hood?

Continue reading below…

[ipaper docId=45566348 access_key=key-8tg8q7bgg0l1way58dj height=600 width=600 /]

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Special report: Legal woes mount for a foreclosure kingpin

Special report: Legal woes mount for a foreclosure kingpin


By Scot J. Paltrow
updated 12/6/2010 2:10:09 PM ET 2010-12-06T19:10:09
.

JACKSONVILLE, Florida — Lender Processing Services is riding the waves of foreclosures sweeping the United States, but in late October its CEO, Jeff Carbiener, found himself needing to reassure investors in the $2.8 billion company.

Although profits were rolling in, LPS’s stock had taken a hit in the wake of revelations that mortgage companies across the country had filed fraudulent documents in foreclosures cases. Earlier in the year, the company, which handles more than half of the nation’s foreclosures, had disclosed that it was under federal criminal investigation and admitted that employees at a small subsidiary had falsely signed foreclosure documents.

Still, Carbiener told the Wall Street analysts in an October 29 conference call that LPS’s legal concerns were overblown, and the stock has jumped 13 percent since its close the day before the call.

But a Reuters investigation shows that LPS’s legal woes are more serious than he let on. Public records reveal that the company’s LPS Default Solutions unit produced documents of dubious authenticity in far larger quantities than it has disclosed, and over a much longer timespan.

Questionable signing and notarization practices weren’t limited to its subsidiary, called DocX, but occurred in at least one of LPS’s own offices, mortgage assignments filed in county recorders’ offices show. And rather than halt such practices after the federal investigation got underway, the company shifted the signing to firms with which it has close business ties. LPS provided personnel to work in the new signing operations, according to information from an LPS spokeswoman and court records including an October 21 ruling by a judge in Brooklyn, New York. Records in county recorders’ offices, and in the judge’s opinion, show that “robosigning” and preparation of apparently false documents went on at these sites on a large scale.

In one instance, it helped set up a massive signing operation at the nearby office of a major client, a spokeswoman for the client, American Home Mortgage Servicing, confirmed. LPS-hired notaries who worked there said in interviews that troves of documents were improperly handled. They said that about 200 affidavits per day were robosigned during the two months the two notaries remained there.

A spokeswoman for LPS confirmed to Reuters that it had helped other firms establish operations that performed the same function. LPS spokeswoman Michelle Kersch didn’t specify which firms. But beginning early in 2010, county recorders’ records show, signing shifted also to law firms under contract with LPS.

Interviews with key players and court records also show that pending investigations and lawsuits pose a bigger threat to the company than Carbiener let on.

The criminal investigation in Jacksonville by federal prosecutors and the Federal Bureau of Investigation is intensifying. The same goes for a separate inquiry by the Florida attorney general’s office. Individuals with direct knowledge of the federal inquiry said that prosecutors have impaneled a grand jury, begun calling witnesses and subpoenaed records from LPS.

The company confirmed to Reuters that it has hired Paul McNulty, former deputy U.S. attorney general in the George W. Bush administration, to represent it in the investigation. A spokeswoman for the U.S. Attorney’s office declined to comment on the probe.

The U.S. Comptroller of the Currency’s office, which is responsible for supervising national banks, also announced in November that it had teamed up with the Federal Reserve to conduct an on-site examination of LPS.

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MORTGAGE FRAUD: Bethany Hood, Lender Processing Services, Inc., MERS

MORTGAGE FRAUD: Bethany Hood, Lender Processing Services, Inc., MERS


Mortgage Fraud

Bethany Hood
Lender Processing Services, Inc.
MERS

Action Date: October 20, 2010
Location: South Bend, IN

On September 30, 2010, U.S. Bankruptcy Judge Harry C. Dees, Jr., Northern District of Indiana, South Bend Division, confronted head-on the widespread practice of employees of mortgage servicing companies signing Mortgage Assignments with false job titles, in Koontz v. EverHome Mortgage and Mortgage Electronic Registration Systems, Inc., Case No. 09-30024, Proc. No. 10-3005.

In this contested foreclosure, EverHome and MERS moved for summary judgment, while the plaintiff homeowners argued that there were genuine issues of material fact that precluded summary judgment. One such issue involved a Mortgage Assignment signed by Bethany Hood as Vice President of Mortgage Electronic Registration Systems, Inc. (“MERS”). (Regular readers of Fraud Digest will recognize that Bethany Hood is a clerical employee of Lender Processing Services who works in the Mendota Heights, MN office and who signs thousands of mortgage documents monthly using at least 20 different job titles.)

Here is what the Court said about this:

“MERS, in its Answer to the plaintiff’s Complaint, admit(ted) that Bethany Hood is not an employee of MERS. (cite omitted).

The debtor claimed that the document [assignment signed by Bethany Hood as a MERS officer] was fabricated and MERS has offered no other explanation, nor has it submitted properly authenticated documentation of an assignment. It appears to this Court that a fraudulent recorded Assignment of Mortgage might still be found today in the St. Joseph’s County Recorder’s Office, despite MERS’ knowledge of the false signature.

Indeed, MERS has completely sidestepped the fact that this Assignment was signed by someone representing herself to be a Vice President of MERS, and it has declined to explain why this false document was attached to the amended Proof of Claim… In the view of this court, the conduct of the EverHome defendants and the MERS defendant – reflecting a lack of transparency and determination not to provide information or documents until required – has burdened both the debtor and this Court…On this case, the Creditors have been forced to admit that a non-employee signed the Assignment of Mortgage, representing herself to be a Vice President of MERS and other banks or mortgage companies held the Mortgage and or Note at issue… Having determined that genuine issues of material fact exist, the Court denies the Motions for Summary Judgment filed by the EverHome defendants and MERS…” How many other Mortgage Assignments signed by individuals falsely claiming to be Vice Presidents of MERS have been filed since 2008?

It is likely that the number is greater than ten million.


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