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Defense denies standing in Foreclosure Fraud case

Defense denies standing in Foreclosure Fraud case


Think about this when you read this article:

1. Did the borrower have a choice or was he/she coerced into accepting MERS, who they really had no idea of what or who it was?

2. Was it ever disclosed that many of the lenders are shareholders of MERS, also who may own the first or second position… this includes Fannie Mae who is a shareholder?

3. Since Fannie (GSE) is owned by “taxpayers” why is she acting 100% private – 100% of the time?

4. One may have been coerced into having MERS in their documents but one would never accept forgery or robo-signing because everyone knows this would be fraud and therefore void the transaction…like a check.

5. Exactly why did Fannie fire FL law firms and exactly how long did Fannie know of robo-signing?

Michigan Messenger-

With mounting evidence of robo-signing and other alleged fraud perpetrated by banks, foreclosure law firms and others, Fannie Mae and Flagstar Bank have filed a new defense of such actions in Ingham County Circuit Court — and Ingham County Register of Deeds Curtis Hertel, Jr. is crying foul.

“What they are basically saying is they can forge an assignment and there is nothing the citizen or court can do about it. It is a brazen attempt to legalize robosigning,” says Hertel. “It’s just another example of Fannie Mae thumbing its nose at the American people, and unfortunately while they are under federal bailout we are paying for it.”

This is happening in the case of a Haslett man who suffered a stroke and fell behind on his mortgage payments. As a result, Flagstar Bank and Fannie Mae foreclosed on him and are now in the final stages of evicting him from his Haslett home, says Hertel.

[MICHIGAN MESSENGER]

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



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INGHAM COUNTY COMPLAINT | HERTEL v. BANK OF AMERICA “Inappropriately Claim ‘R.E. Transfer Taxes’ Exemptions”

INGHAM COUNTY COMPLAINT | HERTEL v. BANK OF AMERICA “Inappropriately Claim ‘R.E. Transfer Taxes’ Exemptions”


STATE OF MICHIGAN
30th CIRCUIT COURT FOR THE COUNTY OF INGHAM

CURTIS HERTEL, JR. individually and as
Register of Feeds for Ingham County,

V

BANK OF AMERICA N.A.;
BAC HOME LOANS SERVICING, LP;
WELLS FARGO BANK, N.A.;
COUNTRYWIDE HOME LOANS SERVICING, LP;
ORLAN ASSOCIATES, PC;
TROTT & TROTT, PC;
FEDERAL NATIONAL MORTGAGE ASSOCIATION
d/b/a FANNIE MAE;
FEDERAL HOME LOAN MORTGAGE CORPORATION
d/b/a FREDDIE MAC

[ipaper docId=58558531 access_key=key-2j0q93d6b73tux1i0v1v height=600 width=600 /]

[scribd id=58558531 key=key-2j0q93d6b73tux1i0v1v mode=list]

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



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Ingham County Register of Deeds Curtis Hertel, Jr. Files Lawsuit Against Mortgage Lenders For Unpaid Taxes

Ingham County Register of Deeds Curtis Hertel, Jr. Files Lawsuit Against Mortgage Lenders For Unpaid Taxes


FOR IMMEDIATE RELEASE:

CONTACT: Curtis Hertel Jr. Ingham County Register of Deeds Ph 517 281 3574

Ingham County Register of Deeds Curtis Hertel, Jr. Files Lawsuit Against Mortgage Lenders For Unpaid Taxes

Ingham County Register of Deeds Curtis Hertel Jr. has filed a lawsuit today in the 30th Circuit Court, to recover millions in alleged unpaid transfer taxes from mortgage servicers and their attorneys.

“This is money that should have been applied to the county’s general funds, which could have been used for public safety, health programs, or countless other public services,” said Hertel. “Additionally, the state taxes collected would have gone straight to the school aid fund. It’s time for some of the banks responsible for the foreclosure mess to pay their fair share, instead of allowing our county’s taxpayers to bear all of the burden.”

Transfer taxes are the monies paid when a new deed is recorded in the county’s Register of Deeds office. The taxes apply to the sale price of the property being transferred, unless it falls under $100. Many large-scale banks have used Fannie Mae and Freddie Mac to claim an exemption to the taxes by identifying themselves as government entities, which Hertel contests.

”Depending on the amount of the judgment, this could provide a needed boost to our county’s constrained budget,” said Ingham County Treasurer Eric Schertzing. “The foreclosure crisis has drained county tax dollars in many ways – not merely in uncollected property taxes, but also because Fannie Mae and Freddie Mac were claiming these federal exemptions while re-selling foreclosed homes.”

The official transfer tax rate for counties in Michigan is $1.10 for every $1,000 of value being transferred. So the sale of a $100,000 home would typically carry a $110.00 tax. State taxes on the same transactions stretch even further – $7.50 for every $1,000 of value being transferred. It is estimated that the lawsuit could fetch a judgment in the millions of dollars.

“MFI-Miami, an internationally recognized mortgage fraud investigation firm based in Florida, has been instrumental in assisting in our investigation of this,” said Hertel. William Maxwell, Dan Marsh and Brian Parker from the Home Defense League, PLC, working in conjunction with MFI-Miami discovered a pattern of unpaid transfer taxes on foreclosure sales across Michigan. “The fact is banks and mortgage servicers, in concert with their foreclosure firms, failed to pay state and county transfer taxes,” said Steve Dibert of MFI-Miami, who has been part of the document examination.

Hertel is also working with other members of the Michigan Association of Registers of Deeds. “We are cooperating with other municipalities to join us in this fight, because this not just an Ingham County problem, it a problem that affects all 83 counties in the state.”

“Currently, the Michigan Association of Registers of Deeds, Inc. is compiling data from documents representing taxable transfers from these and other entities to determine the potential amount owed Michigan counties,” said president Bambi Somerlott. “Accordingly, each county will, in its discretion, use the information and proceed as they deem appropriate.”

Hertel has received the support of the Ingham County Board of Commissioners, and will announce the lawsuit at a press conference at 1:00 pm today. He has chosen the site of 1117 S Grand Avenue, a home that was recently subject to tax foreclosure, to make the announcement. “The banks should bear their share of responsibility for our current housing climate, and their role in what has happened is becoming more clear as time passes,” said Hertel. “We will do everything we can to pursue financial justice.”

source: Ingham.org

Hertel v. Bank of America N.A., 11-687-CZ

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