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Tag Archive | "b.daviesmd6605"

DRAFTING MOTIONS FOR RELIEF FROM STAY IN CHAPTER 13 CASES

DRAFTING MOTIONS FOR RELIEF FROM STAY IN CHAPTER 13 CASES


ANTICIPATING DEBTOR’S CHALLENGES AND WITHSTANDING LITIGATION

Via: Brian Davies

GREAT LOOK AT THE BANKS WAY OF TRYING TO GET AROUND THE BANKRUPTCY. HERE IS THE WAY THEY LOOK AT THE ASSIGNMENTS AND TRANSFERS. NOTE THE POOLING AND SERVICING AGREEMENTS ARE IMPORTANT. IT ALSO SCREWS THEM WHEN THEY TRY TO TRANSFER AFTER THE CLOSE OF THE TRUST.

[ipaper docId=36801375 access_key=key-1gd8wpuuku9gainunkxb height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in bankruptcy, brian w. davies, chain in title, deed of trust, discovery, foreclosure, foreclosure fraud, foreclosures, mortgage, note, securitization, servicers, trustee, TrustsComments (1)

OCC LETTER |TRUSTS NOT EXEMPT FROM STATE LAWS’

OCC LETTER |TRUSTS NOT EXEMPT FROM STATE LAWS’


From: b.daviesmd6605

THIS IS A GREAT LETTER FROM THE SENIOR COUNSEL AT THE OFFICE OF THE COMPTROLLER OF THE CURRENCY REGARDING FEDERAL PREEMPTION BY THE TRUSTEE OF A MORTGAGE BACKED SECURITY TRUST. THEY ARE NOT PREEMPTIVE BASED ON THE OFFICE OF THE COMPTROLLER OF THE CURRENCY AS THEY ARE NOT IN THE FUNCTION OF A LENDER. THIS IS EXCELLENT.

[ipaper docId=34676415 access_key=key-1g670yqhyn75qwrshpx4 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in deutsche bank, OCC, trustee, TrustsComments (1)

Mabry v. Orange County Superior Court CC 2923.5 | Petition to the Supreme Court of California

Mabry v. Orange County Superior Court CC 2923.5 | Petition to the Supreme Court of California


Via: b.daviesmd6605

Does a lender’s failure to explore options to prevent foreclosure in clear violation of Civil Code section 2923.5 affect title to foreclosed property when the property is purchased — not by a bona fide purchaser for value — but by the very lender who violated the statute?

NATURE OF THE CASE AND PROCEDURAL HISTORY
This case arises under the recently enacted Civil Code section 2923.5 which requires residential mortgage lenders to explore alternatives to foreclosure with borrowers before initiating non-judicial foreclosure proceedings
The is a Plaintiff Petition for review of cc 2923.5 regarding reversal of all violations of the act. The decision in the Appeal Court IV. Division 3 has shown no tender, no preemption etc. This goes for all people regardless if they have been foreclosed. If foreclosed with sale asking Court to review reversal for all.

[ipaper docId=34447271 access_key=key-24tu8de9r2lrpzgco0wx height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in auction, deed of trust, foreclosure, Supreme Court, trustee saleComments (0)

MASSIVE RULING TO PROTECT CALIFORNIA HOMEOWNERS FROM NON JUDICIAL FORECLOSURE: MABRY v. THE SUPERIOR COURT OF ORANGE COUNTY CODE 2923.5

MASSIVE RULING TO PROTECT CALIFORNIA HOMEOWNERS FROM NON JUDICIAL FORECLOSURE: MABRY v. THE SUPERIOR COURT OF ORANGE COUNTY CODE 2923.5


From: b.daviesmd6605

PUBLISHED OPINION AT THE APPEALS LEVEL FOR CC 2923.5. IT IS THE LAW. THERE IS A FACT SPECIFIC CAUSE OF ACTION FOR THIS CALIFORNIA CODE. THIS IS A MASSIVE PROTECTION IN CALIFORNIA FOR THE DEVIL DEEDS OF CC2924, NON JUDICIAL FORECLOSURE. MASSIVE POSITIVE FINALLY FOR HOMEOWNERS IN CALIFORNIA.

[ipaper docId=32477885 access_key=key-172hdd7a3mrc8oyqffji height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in aurora loan servicing, bac home loans, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, STOP FORECLOSURE FRAUDComments (2)

DEPOSITION of A “REAL” VICE PRESIDENT of MERS WILLIAM “BILL” HULTMAN

DEPOSITION of A “REAL” VICE PRESIDENT of MERS WILLIAM “BILL” HULTMAN


Bill joined MERS in February, 1998. He brings more than 14 years of broad experience in finance and treasury. Before joining MERS, he served as Director of Asset Liability Management for Barnett Banks, Inc., Asset Liability Manager at Marine Midland Bank and Treasurer of Empire of America FSB. As a conservator for the FDIC, he managed insolvent institutions for the Resolution Trust Corporation.

Prior to his experience in the financial services industry, Bill was a partner in the law firm of Moot and Sprague, as well as an attorney at Forest Oil Corporation, specializing in the areas of securities and corporate law.

Does MERS have any salaried employees?
A No.

Q Does MERS have any employees?
A Did they ever have any? I couldn’t hear you.

Q Does MERS have any employees currently?
A No.

Q In the last five years has MERS had any
employees?

A No.

Q To whom do the officers of MERS report?
A The Board of Directors.

Q To your knowledge has Mr. Hallinan ever
reported to the Board?
A He would have reported through me if there was
something to report.

Q So if I understand your answer, at least the
MERS officers reflected on Hultman Exhibit 4, if they
had something to report would report to you even though
you’re not an employee of MERS, is that correct?
MR. BROCHIN: Object to the form of the
question.
A That’s correct.

Q And in what capacity would they report to you?
A As a corporate officer. I’m the secretary.

Q As a corporate officer of what?
Of MERS.

Q So you are the secretary of MERS, but are not
an employee of MERS?
A That’s correct.

[etc…]

Q How many assistant secretaries have you
appointed pursuant to the April 9, 1998 resolution; how
many assistant secretaries of MERS have you appointed?

A I don’t know that number.

Q Approximately?
A I wouldn’t even begin to be able to tell you
right now.

Q Is it in the thousands?
A Yes.

Q Have you been doing this all around the
country in every state in the country?
A Yes.

Q And all these officers I understand are unpaid
officers of MERS?

A Yes.

Q And there’s no live person who is an employee
of MERS that they report to, is that correct, who is an
employee?

MR. BROCHIN: Object to the form of the
question.

A There are no employees of MERS.

[ipaper docId=134672819 access_key=key-tm0begjvmegnxpqvshh height=600 width=600 /]

__________________________________________

FULL DEPOSITION of Mortgage Electronic Registration Systems (MERS) PRESIDENT & CEO R.K. ARNOLD “MERSCORP”

_______________________________________________

EXCLUSIVE | ‘MERS’ DEPOSITION of SECRETARY and TREASURER of MERSCORP 4/2010

_______________________________________________

EXCLUSIVE | ‘MERS’ DEPOSITION of SECRETARY and TREASURER of MERSCORP 4/2010

_______________________________________________

 

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, Nick Wooten, securitization, William C. HultmanComments (5)

Mortgage Electronic Registration Systems (MERS) Foreclosure Bankruptcy COURT Decision. MERS & CITIBANK ARE NOT THE PARTIES IN INTEREST!

Mortgage Electronic Registration Systems (MERS) Foreclosure Bankruptcy COURT Decision. MERS & CITIBANK ARE NOT THE PARTIES IN INTEREST!


from: b.daviesmd6605

[ipaper docId=31733884 access_key=key-2n6n8zjy9jnh0f6oj9oy height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in concealment, conspiracy, corruption, foreclosure fraud, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.Comments (0)

CALIFORNIA Decisions Against MERS, NOT A CALIFORNIA CORPORATION, NOT A FOREIGN BANK MAKING MORTGAGES!

CALIFORNIA Decisions Against MERS, NOT A CALIFORNIA CORPORATION, NOT A FOREIGN BANK MAKING MORTGAGES!


From B.DaviesMd6605

MERS IS LOOSING BIG TIME. THEY ARE A SCAM PRODUCED TO CHEAT AMERICANS AND THOSE WHO WORK IN REAL ESTATE RECORDS FROM MILLIONS OF DOLLARS BY NOT DOING ASSIGNMENTS. THIS FACILITATED CORRUPTION AND PREDATORY LENDING BY BUILDERS, THEIR LENDERS, AND OTHERS., THIS NEEDS TO END, WE WILL MAKE SURE IT DOES. THOSE PREDATORY ATTORNEYS WHO KNOW THIS FRAUD WILL BE HELD ACCOUNTABLE. THE DOJ IS INVESTIGATING AND THE END WILL COME.

[ipaper docId=31736973 access_key=key-201b6nhrr2kyk67eb15y height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in case, foreclosure fraud, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.Comments (3)

QUI TAM: Tennessee vs. MERS, Mortgage Electronic Registration Systems April 20. 2010, RECORDING FRAUD

QUI TAM: Tennessee vs. MERS, Mortgage Electronic Registration Systems April 20. 2010, RECORDING FRAUD


From: b.daviesmd6605

COMPLAINT:

COMES the State of Tennessee ex rel. Barrett Bates, on behalf of real parties in interest, the counties of the State of Tennessee, above-named and hereby complains of Defendants as follows:

STATEMENT OF THE CASE
Plaintiff Barrett Bates seeks recovery pursuant to Tenn. Code Ann. § 4-18-103, the False Claims Act, because Defendants made false representations in order to avoid payment in full of all recording fees reflecting the establishment and/or transfer of secured interests in real property in the State. After having recorded false, fraudulent, misleading and untruthful documents with the land records of the counties of this State, Defendants intentionally failed to cure/correct said false, misleading and untruthful documents and further failed to record subsequent assignments, deeds and other documents evidencing accurate changes in ownership interests in real property and, thereby, avoided, decreased and/or diminished their obligation to pay fees or monies to the counties of the State of Tennessee, the above-named real parties in interest.

PARTIES
1. Barrett Bates, relator, is a resident of the State of Nevada and an original source of information and authorized to bring this action pursuant to Tenn. Code Ann. § 4-18-101, et seq., and as the qui tam Plaintiff because Bates has worked in the secondary mortgage market business and, during the course of his work in June 2009, became aware Defendants were concealing and avoiding the payment of recording fees or other monies to the above-named counties in this and other states and brings this action under Tenn. Code Ann. G 4-18-103 against Defendants for violations of these sections.

[ipaper docId=31137181 access_key=key-19q0ufo3vs69pn8pqxlf height=600 width=600 /]

RELATED:

.

MERS 101

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in foreclosure fraud, MERS, mortgage electronic registration system, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, QUI TAMComments (0)

Open Letter Jennifer Van Dyne DEUTSCHE BANK NATIONAL TRUST COMPANY Trustee Administrator RAST 2007-A5

Open Letter Jennifer Van Dyne DEUTSCHE BANK NATIONAL TRUST COMPANY Trustee Administrator RAST 2007-A5


Where are the NOTES?

THE TRUSTEE OF A TRUST HOLDS THE ACTUAL RECORDS. THE HIDDEN TRANSFERS IS WHAT ALLOWS THESE PEOPLE TO DO ILLEGAL ACTS AND TRANSFERS.

[scribd id=31053678 key=key-2ecqhcxcs40ajpqq9xw9 mode=list]

Posted in case, foreclosure fraud, forensic mortgage investigation audit, MERS, mortgage electronic registration system, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure FraudComments (0)

Letter for Meet and Confer with Attorney Masumi Patel regarding the loan file of the RAST 2007-A5 5-3-10

Letter for Meet and Confer with Attorney Masumi Patel regarding the loan file of the RAST 2007-A5 5-3-10


Extra Special Delivery…via Brian W. Davies

[scribd id=30939283 key=key-24i05tjgw2t94w9n8nye mode=list]

Posted in foreclosure fraudComments (0)

The People of the State of California vs CountryWide Financial, Universal American Mortgage Company,

The People of the State of California vs CountryWide Financial, Universal American Mortgage Company,


Source: b.daviesmd6605

First Amended Complaint that lead to Countrywide Settlement. This is well written and shows the high pressure tactics without the ability to pay, over the top advertising.

The tactics are similar to the builder lenders who use the same tactics to create profits at the expense of the buyers. This was done with aggressive sales tactics, setting up homeowners to fail while collecting large fees at each level.

Universal American Mortgage the lender for Builder Lennar does the same, and it is mandatory to apply for their loan. There are restrictions of discounts only if their lender is used. Their loan advisors are real estate sales persons not financial lenders. It is steering at its best. Then the title company, insurance company, builder, lenders, escrow—all the same. It is really bad.

[ipaper docId=30868375 access_key=key-ntn5d3vhrh0i4gxlqel height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in concealment, conspiracy, corruption, countrywide, foreclosure fraud, forensic mortgage investigation auditComments (0)

Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System

Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System


Via: b.daviesmd6605

Included here is a short excerpt that discusses the way MERS allows nearly any member have MERS authority to sign documents. The article says that some states require the signor to be a VP of the actual member. Eventually some states allow them to be an authorized signatory despite not being an employee. If any late assignments apply to you this is then a must read.

[ipaper docId=30807513 access_key=key-2jtfrih99eg7hyj51oi0 height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in Christopher Peterson, foreclosure fraud, MERS, mortgage electronic registration system, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signer, robo signersComments (0)

FINED! NY Judge Spinner Orders Lender To Pay Long Island Couple $100K

FINED! NY Judge Spinner Orders Lender To Pay Long Island Couple $100K


Originally published: April 21, 2010 8:09 AM
By ELLEN YAN AND CARRIE MASON-DRAFFEN  ellen.yan@newsday.com, carrie.mason-draffen@newsday.com

Quick Summary

A state judge accused a mortgage company of premeditated attempts to destroy an East Northport couple’s chances of keeping their home.

Jane and Anthony Corcione appear

Photo credit: Kevin P. Coughlin | Jane and Anthony Corcione appear outside their East Northport home. A state judge has ordered their lender to pay the borrowers $100,000 in damages and scrapped as much as $119,330 in questionable late charges. (April 20, 2010)

A state judge accused Emigrant Mortgage Co. of premeditated attempts to destroy an East Northport couple’s chances of keeping their home, ordering the lender to pay the borrowers $100,000 in damages and scrapping as much as $119,330 in questionable late charges.

Borrower Jane Corcione could scarcely believe what she heard when a reporter broke the news by phone late Tuesday afternoon on the decision from State Supreme Court Justice Jeffrey Arlen Spinner.

“Shut up. Shut up,” she said jokingly. She said she and her husband, Anthony, were ecstatic. “We have been fighting for this for almost two years.”

After a job loss, the Corciones defaulted May 1, 2008, on a $302,500 loan they got the preceding year. The mortgage had an 11.625 percent interest rate that would reset at least 6.375 percentage points higher every August from 2012 to its maturity in 2037, said Spinner’s decision on Friday on Emigrant’s request to move ahead on foreclosure.

But Emigrant waited 14 months before starting a foreclosure case, apparently to rack up penalty fees, the judge concluded. Then, two months ago, on Feb. 23, the lender offered a loan modification plan and 10 days to accept or reject a proposal whose “deplorable particulars” insulated Emigrant from any liability by violating Corciones’ state and federal rights, Spinner wrote.

“This court is driven to the inescapable conclusion that plaintiff has, by way of calculation and premeditation . . . created a scenario whereby it is a virtual certainty that defendants will ultimately be irreparably damaged,” he wrote. “In short, the conduct of plaintiff in this matter has been overreaching, shocking, willful and unconscionable.”

A spokesman for the New York-based lender said the decision was based on inaccuracies and that the lender has made many modifications: “Emigrant believes that the court’s decision in this matter is based upon an incomplete understanding of the underlying facts and certain factual inaccuracies, which Emigrant intends to address with the court as part of a motion to renew and reargue and, if necessary, through an appeal of the court’s decision.”

Spinner is the same judge who gave Greg Horoski and wife,Diana Yano-Horoski, of East Patchogue a Thanksgiving surprise last year by voiding their $292,500 mortgage. He had accused IndyMac Mortgage Services of failing to negotiate a loan modification in good faith. The lender’s appeal is pending.

This time, the judge set the Corciones’ debt at $301,721.58, the remaining principal, and “forever barred” Emigrant from “demanding, collecting or attempting to collect” any interest, default interest, legal fees, advances and other charges that may have accrued from May 1, 2008 to the date of his ruling.

That’s because Spinner did not believe the lender on several fronts, especially its list of charges. That included the lender’s claim of advancing $10,000 to pay the couple’s property taxes, despite contradictory records from Huntington Town and evidence from Emigrant’s own assistant treasurer cited in the decision.

Under Emigrant’s modification proposal, the Corciones would pay about $84,000 of the $119,000-plus arrears at 6 percent interest and have $30,000 forgiven after a year, the decision said.

But what the judge ripped into were the parts that called for the Corciones to “unconditionally” agree not to raise any challenges to Emigrant’s foreclosure actions, including filing for bankruptcy, if the couple defaults again. The agreement also seems to release Emigrant from federal truth in lending laws, the judge said.

“This court has never been presented with such a waiver, especially when accompanied by absurd representations [drafted by the lender] that amount to what could best be described as an express warranty that defendants presently are and will forever be insolvent,” the ruling read.

In the past year, almost 62,000 borrowers in the New York metro area, which includes Long Island, have gotten trial or loan modifications under the federal homeowner rescue program.

Corciones’ attorney, Sean C. Serpe of Manhattan, said any modification of their existing loan has yet to be agreed upon. But for more than a year, Serpe said, his clients had asked for a lower, fixed rate, and when Emigrant did propose a modification, it came with a threat: “If we didn’t respond, we lost any chance of a modification.”

Thank you to: b.daviesmd6605 for the doc below

[ipaper docId=30277188 access_key=key-zln3zjpf6926erdtk4d height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in concealment, corruption, dinsfla, foreclosure fraud, forensic mortgage investigation auditComments (0)


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