Documents | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "documents"

Ex-IndyMac Officials Blast FDIC Over Documentation Retention – WSJ

Ex-IndyMac Officials Blast FDIC Over Documentation Retention – WSJ


Lawyers for the IndyMac executives say the FDIC is required by law to retain all the records of a failed bank it takes over for six years.

WSJ-

A pair of former IndyMac executives being sued by the Federal Deposit Insurance Corp. are accusing the bank regulator of a “stunning display of incompetence” for failing to preserve some evidence when it took over receivership of the failed bank.

Lawyers for onetime midlevel IndyMac executives Kenneth Shellem and Richard Koon say the FDIC failed to collect and preserve documents and emails after taking receivership of IndyMac following the bank’s 2008 collapse, leaving the pair handicapped in mounting their defense.

[WALL STREET JOURNAL]

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



Posted in STOP FORECLOSURE FRAUDComments (1)

FNMA Servicing Announcement: Documentation Requirements for Foreclosure and Bankruptcy Referral Packages, Special Rules For Nevada

FNMA Servicing Announcement: Documentation Requirements for Foreclosure and Bankruptcy Referral Packages, Special Rules For Nevada


Servicing Guide, Part VIII, Section 104.01: Fannie Mae–Retained Attorneys; Section 104.03: Servicer-Retained Attorneys/Trustees and Special Rules for Nevada; Chapter 1, Exhibit 1: Mortgage Loan Status Data for Foreclosure Proceedings; Exhibit 2: Expected Servicer/Attorney (or Trustee) Interaction

Click image below… A little way too late in the game to try to perfect the documents one would say…

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



Posted in STOP FORECLOSURE FRAUDComments (1)

NC court weighs if foreclosure needs original docs

NC court weighs if foreclosure needs original docs


This part of the article doesn’t settle well for me:

The hearing in a state traditionally friendly to banks and home to U.S. industry leader Bank of America comes as paperwork problems have gummed up foreclosures nationwide.

Boston Herald-

RALEIGH, N.C. — North Carolina’s Supreme Court heard arguments today in a case that could decide whether mortgage lenders can foreclose on a home without producing original documents that prove they’re owed the money.

The hearing in a state traditionally friendly to banks and home to U.S. industry leader Bank of America comes as paperwork problems have gummed up foreclosures nationwide.

Those problems include missing documents validating a mortgage transaction and unqualified employees “robo-signing” affidavits improperly swearing to the accuracy of overdue mortgage debts. The problem of suspect documents could create legal trouble for homeowners and mortgage lenders for years.

[BOSTON HERALD]

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



Posted in STOP FORECLOSURE FRAUDComments (0)

DOBSON v. WELLS FARGO | AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT LINDA G. DOBSON

DOBSON v. WELLS FARGO | AMICUS CURIAE BRIEF IN SUPPORT OF APPELLANT LINDA G. DOBSON


SUPREME COURT OF NORTH CAROLINA

LINDA G. DOBSON,

Plaintiff-Appellant,

v.

SUBSTITUTE TRUSTEE SERVICES, 
INC., Substitute Trustee and WELLS
FARGO BANK MINNESOTA, N.A.
as Trustee for Equivantage Home Equity
Loan Trust, 1996-4, Note Holder,
EQUVANTAGE, INC., and AMERICA‘S
SERVICING COMPANY,

Defendants-Appellees.

****************************
PROPOSED BRIEF OF AMICI CURIAE NORTH CAROLINA JUSTICE CENTER, NORTH CAROLINA ADVOCATES FOR JUSTICE, CENTER FOR RESPONSIBLE LENDING, MAINE ATTORNEYS SAVING HOMES, THE FINANCIAL PROTECTION LAW CENTER, AARP, AND THE NATIONAL ASSOCIATION OF CONSUMER ADVOCATES IN SUPPORT OF PLAINTIFF-APPELLANT
*****************************

[ipaper docId=69227950 access_key=key-891zlyysqnu97uay2ag height=600 width=600 /]

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



Posted in STOP FORECLOSURE FRAUDComments (0)

SEC Bans Document Destruction After Whistleblower Cries Foul

SEC Bans Document Destruction After Whistleblower Cries Foul


Massive Collateral Damage has been done and in the age of having files held in electronic data, this is very disturbing.

Executive Gov-

The Securities and Exchange Commission has forbidden its employees from destroying investigative documents, as fallout spreads from a whistleblower’s recent claim that the agency has illegally destroyed thousands of preliminary investigation documents.

An SEC attorney alerted Sen. Chuck Grassley (R-Iowa) of the possible crimes in August. The whistleblower said the documents in question were “matters under inquiry,” including reviews of AIG, Morgan Stanley, Lehman Brothers and Bernie Madoff.

[EXECUTIVE GOV]

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



Posted in STOP FORECLOSURE FRAUDComments (0)

One More Reason to Shut the SEC and Start Over: William D. Cohan

One More Reason to Shut the SEC and Start Over: William D. Cohan


Bloomberg-

Thanks to Darcy Flynn, a longtime attorney at the Securities and Exchange Commission, we now have all the ammunition we need to do what should have been done years ago: terminate the SEC, with extreme prejudice, and in its place construct a new regulatory watchdog for Wall Street free of obvious conflicts of interest.

Flynn’s courage has almost been lost in all the recent apocalyptic talk of earthquakes and hurricanes, but a few weeks back he did something remarkable. After raising concerns internally at the SEC last year — and getting nowhere — Flynn went public and alleged in a formal whistleblower complaint that for at least 17 years the SEC “followed a policy of systematically destroying documents” related to what are known as Matters Under Investigation, or MUIs, most of which were focused on possibly illicit or illegal behavior at Wall Street firms. MUIs are the first step in investigating a case that may lead to a formal SEC inquiry.

[BLOOMBERG]

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



Posted in STOP FORECLOSURE FRAUDComments (0)

Document Shredding: Why SEC’s Defense Won’t Fly

Document Shredding: Why SEC’s Defense Won’t Fly


MATT TAIBBI-

Just a quick note about the “Shredded Justice” story, as I’ve had a couple of questions about some of the SEC’s responses to the story.

Several readers pointed to this story in which SEC spokesman John Nester said this:

“We do keep records of our MUI’s and they’re available to our investigators to learn about previous work on matters that have been reviewed.”

[ROLLINGSTONE]

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



Posted in STOP FORECLOSURE FRAUDComments (0)

MATT TAIBBI: Is the SEC Covering Up Wall Street Crimes?

MATT TAIBBI: Is the SEC Covering Up Wall Street Crimes?


A whistleblower claims that over the past two decades, the agency has destroyed records of thousands of investigations, whitewashing the files of some of the nation’s worst financial criminals.

Rollingstone-

Imagine a world in which a man who is repeatedly investigated for a string of serious crimes, but never prosecuted, has his slate wiped clean every time the cops fail to make a case. No more Lifetime channel specials where the murderer is unveiled after police stumble upon past intrigues in some old file – “Hey, chief, didja know this guy had two wives die falling down the stairs?” No more burglary sprees cracked when some sharp cop sees the same name pop up in one too many witness statements. This is a different world, one far friendlier to lawbreakers, where even the suspicion of wrongdoing gets wiped from the record.

[ROLLINGSTONE]

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



Posted in STOP FORECLOSURE FRAUDComments (1)

LETTER | SEC Destroys Over 9,000 Fraud Documents Involving Goldman Sachs, Madoff, Bank of America, Citigroup, Credit Suisse, Deutsche Bank, Lehman, Morgan Stanley, Wells Fargo

LETTER | SEC Destroys Over 9,000 Fraud Documents Involving Goldman Sachs, Madoff, Bank of America, Citigroup, Credit Suisse, Deutsche Bank, Lehman, Morgan Stanley, Wells Fargo


Market Watch-

WASHINGTON (MarketWatch) — The Securities and Exchange Commission may have destroyed documents and compromised enforcement cases involving activity at large banks and hedge funds during the height of the financial crisis in 2008, according to allegations made by a lawmaker on Wednesday.

[MARKET WATCH]

[ipaper docId=62540112 access_key=key-wotv5tiw8imq9xbpkk9 height=600 width=600 /]

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



Posted in STOP FORECLOSURE FRAUDComments (2)

GRETCHEN MORGENSON | The Bank Run We Knew So Little About

GRETCHEN MORGENSON | The Bank Run We Knew So Little About


From New York Times

That Aug. 20, Commerzbank of Germany borrowed $350 million at the Fed’s discount window. Two days later, Citigroup, JPMorgan Chase, Bank of America and the Wachovia Corporation each received $500 million. As collateral for all these loans, the banks put up a total of $213 billion in asset-backed securities, commercial loans and residential mortgages, including second liens.

Thus began the bank run that set off the financial crisis of 2008. But unlike other bank runs, this one was invisible to most Americans.

[…]


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



Posted in STOP FORECLOSURE FRAUDComments (0)

BLOOMBERG | JPMorgan Borrowed at Least $5.9 Billion From Fed Discount Window

BLOOMBERG | JPMorgan Borrowed at Least $5.9 Billion From Fed Discount Window


JPMorgan Chase & Co. (JPM), the second- largest U.S. bank by assets, borrowed at least $5.9 billion from the Federal Reserve’s discount window over six months during the height of the financial crisis.

JPMorgan had previously disclosed it borrowed $500 million on Aug. 22, 2007, as similar loans were made to Bank of America Corp. (BAC) and Wachovia Corp. “to display the effectiveness of the facility,” according to a joint statement at the time. JPMorgan accessed the program at least four more times through April 2008, according to documents released today under a Freedom of Information Act request by Bloomberg News and Fox News.

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



Posted in STOP FORECLOSURE FRAUDComments (0)

BLOOMBERG | Goldman Sachs Borrowed From Fed Window Five Times [ZIP DOCS]

BLOOMBERG | Goldman Sachs Borrowed From Fed Window Five Times [ZIP DOCS]


[ZIP FILES BELOW]

Goldman Sachs Group Inc. (GS) tapped the Federal Reserve’s discount window at least five times since September 2008, according to central bank data that contradict an executive’s testimony last year.

Goldman Sachs Bank USA, a unit of the company, took overnight loans from the Federal Reserve on Sept. 23, Oct. 1, and Oct. 23 in 2008 as well as on Sept. 9, 2009, and Jan. 11, 2010, according to the data released today. The largest loan was $50 million on Sept. 23 and the smallest was $1 million on the most recent two occasions.

Courtesy of AmpedStatus

http://cdn.gotraffic.net/downloads/30110331_fed_release_documents.zip

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



Posted in STOP FORECLOSURE FRAUDComments (0)

[VIDEO] MERSCORP CEO “There are 20,000 (robo-signers) of those nationwide”

[VIDEO] MERSCORP CEO “There are 20,000 (robo-signers) of those nationwide”


Senator Merkley: How many folks have you designated as certifying officers essentially, temporarily made them members of your company? In order to execute this process?

Mr. Arnold: Well it’s not temporary… its limited… their limited to  7 specific items that they can do for MERS…ahh there are TWENTY THOUSAND (20,000) of those nationwide.

Mr. Merkely: I’m sorry I’m out of time but it’s creating a legal confusion and that’s an issue and I’m sorry. Thank you all very much.

“7 VERY IMPORTANT DOCUMENTS” that may involve trillions of dollars worth of real estate that are executed by any one of these 20,000 robo-signers… But if you read on this image below …it’s well over “7 Specific Documents” more like ANY & ALL!

Actual excerpt from a MERS Agreement of Signing Authority.


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



Posted in STOP FORECLOSURE FRAUDComments (6)

DEUTSCHE BANK TRUST NATIONAL LETTER TO SERVICERS REGARDING FORECLOSURES

DEUTSCHE BANK TRUST NATIONAL LETTER TO SERVICERS REGARDING FORECLOSURES


To: ALL HOLDERS OF RESIDENTIAL MORTGAGE BACKED SECURITIES FOR WHICH DEUTSCHE BANK NATIONAL TRUST COMPANY OR DEUTSCHE BANK TRUST COMPANY AMERICAS ACTS AS A SECURITIZATION TRUSTEE

FROM: DEUTSCHE BANK TRUST NATIONAL COMPANY, AS TRUSTEE AND DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (the “Trustee”)

Date: October 25, 2010


Re: Certain Allegations Regarding Loan Servicer Foreclosure Practices

[ipaper docId=40118047 access_key=key-ip8rlx60flja8xmwp35 height=600 width=600 /]

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



Posted in STOP FORECLOSURE FRAUDComments (2)

Flawed paperwork gnaws at bank foreclosures

Flawed paperwork gnaws at bank foreclosures


By Jerry Kronenberg
Tuesday, October 5, 2010 -

Bay State lawyers who specialize in fighting home seizures are declaring war on the banking industry, which is admitting that thousands of U.S. foreclosure cases might involve flawed paperwork.

“Foreclosure defense and fraud litigation is going to make (1998’s $200 billion tobacco-industry settlement) look like a grocery-store slip-and-fall case,” Nantucket lawyer Jamie Ranney predicted after Bank of America halted foreclosures in 23 states over the weekend.

The moratorium, which GMAC and JP Morgan Chase launched last week, doesn’t currently include Massachusetts. But Attorney General Martha Coakley has asked lenders to add the Bay State to the list.

Continue reading…BOSTON HERALD

.

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



Posted in assignment of mortgage, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, robo signers, settlementComments (1)

Max Gardner’s Rules for the Examination Of The Electronic Document Custodian

Max Gardner’s Rules for the Examination Of The Electronic Document Custodian


Written on June 22, 2010 by admin

State your full name and current position.
Provide us with your definition of a document custodian.
What is your exact job title?
What are your responsibilities?
Where are you employed?
Where does your company store original documents?
How are they stored?
If you outsource this storage, who is the outsource provider?
How do you confirm delivery to the outsource provider?
How do you retrieve original documents?
How long do you save original documents?
Do you have a written original document destruction policy?
Please explain it and produce a copy of the policy.
Do you retain images of original of all documents?
How are they retained?
Where are they retained?
How long are they retained?
What type of computer system is used for the image retention?
Do you have a Records Compliance or Management Department?
Explain how it works, who is employed there, and where it is located.
Describe all information that you store electronically.
Do you have an ESI manager?
Who, where does he or she work, what does he or she do?
What is your policy on the retention of electronically stored documents?
Do you have a written policy for ESI documents?
Do you have any automated archiving systems?
If yes, then explain how they work and how documents are achieved.
Where are the archived documents stored?
How do you save data to a file that has already been achieved?
State the name of the director or manager of your document archiving operation.
How do you store data acquired through mergers or acquisitions?
How do you retrieve historical data from the archives?
Explain the process in detail.
Do you have an organizational-wide data map or inventory of all electronically stored data?
Can you produce a copy of that map?
Do you have any litigation ready data files?
Where are they stored?
How are they created?
Who is in charge of creating these files?
Why are they created?
Is there such a file in this case?
Where is the data stored?
Do you have any electronic data stored on tapes?
Describe the data and the type of tapes?
Where are these tapes stored?
Do you maintain a disaster recovery location?
Where is it?
Do you store electronic data at this location?
How is it stored?
How long is it stored?
What types of servers are used to store the data at this location?
How long is the data stored?
Do you have a data destruction policy at the disaster location?
Please explain and produce all written protocols.
Explain how you retrieve data from the disaster location?
Explain the time and expenses involved in securing date from the disaster recovery location?
State if any data related to this case has been destroyed?
Describe the data in detail and when and under what circumstances it was destroyed.
Have you seen any notice in this case to preserve all of the ESI?
When, where and how did you see it?
Has any data related to this case been destroyed since you saw it?
Who is your Media Destruction Manager?
Where is this person located?
What are the responsibilities of this person?
Explain all of the steps your company has taken in this case to preserve ESI evidence?
Have you created a data file of ESI for this case?
When was it created?
Name all parties involved in the creation?
Where is that data filed now?
Explain all of the steps that were taken to create the ESI file for this case.
Are there any ESI that you could not find or include in the file?
If so, please explain.
If any of the data still exists, have you or anyone in your company investigated the restoration of any deleted or damaged data?
When, who did this and what did they do?
If not, then why not?
With respect to the ESI file that has been created for this case, have the documents been scrubbed for metadata?
If yes, then when, who ordered, and why?
Who was involved in the scrubbing?
Was a scrubbed metadata file created?
Who created the file and who has custody of the file?
Do you backup your data every day?
How and where is the backup data?
Who is in charge of your backup operations?
What data is backed up?
Do you back up programs and systems or just the data?
What is the difference between your backup data system and your archived data storage system?
How long is backup data retained?
What is the format for the media in the ESI file created for this case?
Did you ever stop backing up or archiving data in this case in anticipation of litigation?
If so, when, why, and who ordered such actions?
When was a litigation hold placed on the destruction of any of the ESI data related to this case?
Who issued the hold and how was it implemented?
Do you have any type of dormant document liability policy?
If so, then please explain in detail how it works?
Has any of the ESI data in this case been destroyed or deleted pursuant to a dormant document liability policy?
If so, can you identify who took such action, when it was taken, who ordered it taken, and why it was taken?
Name all parties who have access to any of the data related to this case.
Explain all security features employed by your company to prohibit the unauthorized access to any of your ESI data?
Do you keep any type of catalogue of information on tapes or other media related to historical ESI?
If so, please explain how this system works?
Where are the catalogues filed and how are they maintained?
State the names of all of the servers and the location of all such servers that contained any ESI data related to this case.
State your current policy on saving company email.
State your current archiving and backup programs with respect to email.
State all of your email format types, date ranges for retention of email, and the names of all custodians.
Please identify all types of files used by your company, the capacity of such files, the creation dates and how those dates are preserved, the modification dates and how they are recorded, and the maximum size of each file.
Does your company employ a de-duplication policy as to ESI data?
If so, please explain how it works?
Has any data in this case been subject to destruction pursuant to any such policy?
If so, identify all such ESI data.
Do any lawyers representing you in this case have access to any of your data files?
IF so, please explain the extent of such access, how it is tracked, and purpose of the same?
Have you migrated any ESI data in this case from older, disparate media sources into modern managed tools?
If so, explain in detail the older data systems, how the migration occurred, and explain the new storage media used?
Name all of the parties on the data migration team or group.
Do you have a Legal Records Management Team?
Name all of the Team members and the location?
Was the Team involved in this case?
If yes, then explain in detail the extent of their involvement.
Do you use a third-party IT vendor for ESI data capture, storage and archiving?
If so, who and how long have they been used?
Who is the on-site representative for your ESI vendor?
Does your backup vendor use DLT4, LT01 or 4MM tapes?
What type of backup software does the vendor use?
Do they use Backup Exec, NetBackup, Legato Net Worker, Trivoli Storage Manager, ArcServe, CommVault Galaxy or HP Omniback?
Describe all messaging systems used by your company.
Do you use Lotus Notes?
Do you use Novell GroupWise or any others?
How is the messaging data saved, backed up and archived?
Do you convert the messages media to any other type of media for storage?
If so, describe the media and how this is accomplished and by whom?
Explain all due diligence programs and procedures used to verify the integrity of your data?
Explain all due diligence programs and procedures used to secure and safeguard your data.
Do you maintain custody logs on the transfer of any ESI data?
What type of logs?
Who maintains and where are they located?
Do you have a “Best Practices” guide for of the operations described herein?
Can you produce it?

Source: Max Gardner Boot Camp Blog


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



Posted in bifurcate, bogus, chain in title, CONTROL FRAUD, corruption, deed of trust, deposition, foreclosure, foreclosure fraud, foreclosures, forgery, Max Gardner, mortgage, Notary, noteComments (0)

North American Title Complaint to California–Fraudulent Documents

North American Title Complaint to California–Fraudulent Documents


North American Title Complaint to California–Fraudulent Documents

From: Brian Davies

Complaint to the State of California on title and escrow fraud. Security interest not perfected. Married sole and separate. Not single. Never can a married man ever be listed as single. Let alone I was married and they never got a quit claim release.

[ipaper docId=38476963 access_key=key-2h0zxem20tvkxaiflc52 height=600 width=600 /]

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



Posted in lennar, north american title, title company, Title insuranceComments (4)

WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE

WHAT CERTIFIED POOLING & SERVICING AGREEMENTS LOOK LIKE


Our friend in California Brian Davies recently got a “Golden Ticket” in the mail. Below are certified copies of the Pooling & Servicing Agreement of his loan including the Prospectus for RAST 2007-A5, pass thru 2007E, psa 03-01-07.

Via: Brian Davies

GET THESE INTO THE COURT RECORD FOR THE DEFINITIVE WAY THE RECORD NEED TO BE JUDICIALLY NOTICED–B.DAVIESMD@GMAIL .COM

How you can get these:

http://www.scribd.com/doc/36801952/The-Securities-and-Exchange-Commission-How-to-File-to-Get-Certified-Copies-of-the-Prospectus-and-Polling-and-Servicing-Agreements

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



Posted in chain in title, deed of trust, foreclosure, foreclosures, insider, investigation, mbs, originator, pooling and servicing agreement, psa, rmbs, S.E.C., servicers, stopforeclosurefraud.com, trade secrets, trustee, Trusts, truth in lending act, Wall StreetComments (6)

Questioned Document Examination | By E’LYN BRYAN

Questioned Document Examination | By E’LYN BRYAN


posted with written permission from Author

By E’Lyn Bryan

QUESTIONED DOCUMENT EXAMINATION

An overview of the basic techniques and technology

AT NO TIME IN HISTORY was crime more rampant than it is today. White-collar crime accounts for more than $140 billion in losses annually. Nearly $20 billion worth of check fraud occurs annually. More than $2 million of worthless checks are passed daily. Telemarketing accounts for $48 billion in fraud, while according to the FBI, Internet fraud as of 2009 had topped $264 million in online losses. A crime wave of this proportion has put the services of competent investigators and certified forensic-document examiners in high demand.

This article is intended to educate and assist attorneys or investigators when they are speaking with attorneys, judges, or clients about cases that involve questioned documents. There are numerous types of cases where a document or handwriting evidence may be involved as a result of being found either at the crime scene or at the center of a civil suit.

A competent investigator is cognizant of all the clues at a crime scene. Items such as credit-card receipts, legal papers, canceled checks, personal notes, leases, and other types of documents and writing may hold the clues to the motive. The observant investigator will call attention to these documents. An investigator who does not think along those lines may miss the subtle clues that could be found on even the smallest scrap of paper, on a blank writing pad (that might reveal “invisible” indented writing), or among the personal belongings of a victim.

Crimes involving fraud, larceny, forged wills, death threats, identity theft, ransom notes, poison-pen letters, “other-hand” disguised writing, traced signatures, assisted deathbed signatures, altered medical records, fingerprint examination, ink and paper analysis, watermarks, contrived faxes, “cut-and-pasted” signatures on legal documents, anachronisms (chronological errors, such as paper or ink that did not exist simultaneously), disputed pre- and post-nuptial agreements, and auto-pen signatures are examples of the types of cases that are filed in our courts every day. An investigator should be aware of the fact that any documents or written material found at the crime scene may hold clues to solving the case, whether it is written on paper, walls, a car door, or a mirror. Questioned documents or writing can be typed, written in blood, lipstick, ink, pencil, or body fluids.

Most documents are written with non-violent, white-collar criminal intent. Others are written with darker purposes in mind: murder, stalking, kidnapping, and suicide. In questioned-document investigations—as in any investigation—it is the duty of the document examiner to remove the shadow of doubt. The examiner, if possible, will determine—without prejudice—if the document is authentic or forged, original or altered. The document examiner is an advocate of the courts. Examiners do not have clients; they represent the justice system. As a result, the examiner cannot become emotionally involved or empathetic. Upon initial contact, the examiner must disclose a non-fiduciary relationship to the person who retains the examiner’s services.

A well-trained document examiner knows to examine all the physical features of a questioned document, not just the questioned signature. There are dozens of components to consider when examining a signature or a document. Characteristics to consider include the writing medium used and the surface it is written upon, the age of the paper or ink, and watermarks.

There are deletions, alterations, inclusions, and other aspects that must be considered, as well. The evaluation of letter formations, pen strokes, pen pressure, spacing, letter height, relation to the baseline, and slant are all part of the evaluation process.

When a document is typewritten, there are other problems to consider. Was a page added after the fact? Is the page a copy? Did someone possibly apply “white out” on the original, type over it, and then make a copy so that it looks like an original? Was another typewriter used to make the forgery or the added page? And what about a computer-generated document? Are the pages all from the same ream of paper? With technology such as infrared and ultraviolet light sources, these questions can be answered.

On a daily basis, document examiners are faced with a multitude of questioned-document problems. The most common cases, for example, involve forged checks, forged wills, graffiti, credit-card fraud, leases, deeds, contracts to purchase items—including homes, cars, and businesses—mortgage fraud, disguised writing, and poison-pen letters (hate letters). With the improved technology of printers and copiers, forging and counterfeiting is rampant through the use of “cut and paste” and “lifting signatures”.

It is well known that the field of digital science is constantly evolving. As new technology becomes available, the document examiner must stay on top of the latest state-of-the-art and work to anticipate the ways criminals may use new technology to their advantage. The certified forensic document examiner must utilize all the latest techniques and technology that science has to offer when examining questioned documents. When investigating digital crimes—crimes such as forged passports, driver’s licenses, computer-generated documents, and digital images inserted into other items—document examiners are referred to as digital-crime investigators.

Comparative Ink Analysis

The newest technology today is found in comparative ink analysis equipment. One very useful forensic tool in pen-formula differentiation is ink analysis that involves the determination of chemicals specific to certain types of compounds. One method used to identify a certain kind of ballpoint-pen ink is called thin-layer chromatography. The process involves using an ultraviolet-visible photodiode array detector that allows for the dye components to be rapidly separated.

A standard is a known authentic sample from which comparisons are made. The United States Secret Service and the Internal Revenue Service (IRS) jointly maintain the International Ink Library. This collection includes more than 9,500 inks, dating from the 1920s. New inks are chemically tested and added to this database on a regular basis. This reference serves as a great resource for the detection of fraudulent signatures and documents.

In the comparison of inks, chemical analysis can be useful in a number of cases, such as medical charts, tax evasion, insurance fraud, altered checks, counterfeiting, and other types of forgeries or frauds. A 2004 article from the Associated Press referenced ink-comparison evidence as one piece of evidence that assisted in the high-profile conviction of Martha Stewart. Examination of the ink on a document showed that an entry was made at a different time, possibly as an attempt to cover up insider-trading violations.

Aging Papers and Inks

The age of paper and ink can provide important clues when attempting to verify and authenticate a document. A key example was the Hitler Diaries case from the 1980s—one that involved purported diaries written by Adolf Hitler. The document examiner in the case unknowingly compared forged writing to the writing of the diaries. Taking the authentication and investigation one step further, the diaries were sent to a laboratory where the paper and ink was analyzed. It was proven conclusively that the document could not have been written by Hitler, since there were chemical compounds discovered in the paper of the book’s cover that were not available when Hitler was alive. The age of paper can be determined according to the additives and chemicals or by watermarks. The Hitler Diaries, as well as many other questioned historical papers, have been debunked, while others have been authenticated.

Two new methods of determining the relative age of ballpoint inks has recently come to the forefront in forensic-document examination. Studies have shown that different inks have different drying times. The new method for analyzing the drying time of ink is done by chemical analysis. Unfortunately, this is a destructive process.

These new developments are extremely important when examining ledger or medical-record entries. It has been established that the longer ink has been on a sheet of paper, the slower it will dissolve in the various solvents used to analyze them. It is now possible to identify the age of ink to within a six-month period. This new process of dating the age of inks has had dramatic impact on the examination and detection of backdated documents. Many malpractice cases have been won due to the analysis of ink on questioned medical records.

Infrared Comparisons

Infrared-imaging equipment and infra-red photography have given the document examiner an exciting new world of technology for investigating cases. Although this is not a new concept, the technology has been refined and taken to mind-boggling new heights.

The mechanics behind infrared are quite simple. The human eye perceives the reflected portion of the light spectrum. But there is much more of the spectrum that the human eye cannot see. For instance, when we see a rainbow, we are not seeing all the colors that exist. We see only red, orange, yellow, green, blue, indigo and violet. The colors on each side of the rainbow that we cannot see with the naked eye are the ultraviolet (UV) and infrared (IR) areas. The instruments we need to convert UV and IR wavelengths of the light spectrum into visible images for the human eye are called video spectral comparators and forensic imaging spectrometers. This equipment is used for non-destructive analysis of questioned documents in the presence of seemingly equal but physically different features of writing. With IR and UV, we can see “through” writing that has been blacked out or obscured by “white out”, as well as scribbled-out writing.

With split-screen and overlay software, direct visual comparison can be made of several individual images. Erased elements or chemically altered characters can be easily detected with IR and UV technology. The exceptional sensitivity and broad spectral range can detect even the slightest differences in similar inks, not seen by the unaided eye. This equipment is at the highest level of authentication technology available today.

Obliterated, faded, or altered writing can also be detected with IR and UV analysis. In a recent case handled by the IRS, the IRS claimed the defendant could not prove an expense he had written off for office equipment because the receipt had faded. The paper was old and the writing was “invisible”. Under an IR filter, the “blank” receipt luminesced, showing writing that was outside the wavelength of visible light to the naked eye.

Electrostatic Detection Apparatus

Another valuable piece of equipment to the document examiner is an electrostatic detection apparatus (ESDA). With an ESDA and specialized infra-red side-lighting photographic techniques, the characteristic indentations found in writing may prove that the writing was traced. In addition, when the top page of a pad that has been written on is removed, the “blank” writing underneath can be processed with an ESDA to show the writing by the indentations on the pages below. Research performed by the John Jay College of Criminal Justice in New York City indicates that an ESDA can recover indented impressions from documents that were written up to 60 years earlier.

The technology behind the ESDA is fairly simple: To develop the indentations on paper, the indented paper is placed in a high-humidity device and transferred onto a bronze vacuum plate. The page is then carefully covered with a Mylar (transparent, non-conducting) film. The page is then electrically charged so that toner will adhere to the impressions when applied to the Mylar covering. The final step is to pour the toner on the Mylar. This process develops the page containing the various indentations.

An example of the use of an ESDA in a recent case involved a bust on a PCP drug lab. Although there was no paper evidence at the scene of the raid, the telephone book at the scene was analyzed and, in the end, it held the incriminating evidence—only visible by use of the ESDA. An astute investigator noticed a telephone book on the counter where the drugs were being processed. On the cover of the phone book were slight indentations that appeared to be writing. The indentations were restored by ESDA and the writing was compared to that of the known chief chemist of the PCP lab. The writing the ESDA retrieved was the chemical formulas, written by the chief chemist. Busted!

As an investigator, you need to think outside the parameters of visible evidence. Evidence to solve your case may be right in front of you and may easily go unnoticed. In this case of the PCP lab, the real incriminating evidence was truly invisible. If not for the trained eye of the investigator, the case may have been dismissed for lack of solid evidence that could link the suspect with the actual manufacturer of the drugs.

As an advocate of the court, the document examiner is relied upon to dispel any doubts about a questioned document. Sometimes, the examiner simply will not be able to render an opinion on certain documents. In those instances, the document examiner’s letter of opinion will state an explicit explanation.

From murder scenes where notes are left behind, to kidnappings, to white-collar crimes such as forged checks, document examiners, investigators, and the technology they utilize prove to be a formidable team.

Questioned documents are a global issue. As investigators, you must be cognizant of the technologically advanced level of the criminals we face today. We must use all of the intelligence, the technology, and the resources available to educate ourselves on the topic of continually evolving criminal minds.

About the Author

E’lyn Bryan is a court-qualified and certified document examiner through the National Questioned Document Association. She offers presentations and training sessions for businesses and law-enforcement agencies on questioned-document examination. She is the current president of the South Florida Investigators Association and a member of the World Association of Detectives. She can be reached by phone at: 561-361-0007 or by e-mail at: bocaforensic@aol.com

Litigation Support
Forensic Document Examiners Inc.
div. of Forensic Bureau of Investigations Inc.

www.FloridaDocumentExaminer.com
President of South Florida Investigators Association
Instructor of Forensic Document Examination to Law Enforcement
National Association of Document Examiners
World Association of Detectives
Gold Coast Forensics Association
Florida Association of Private Investigators
Member of South County Bar Association
Forensic Expert Witness Association

561.361.0007


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



Posted in bogus, CONTROL FRAUD, forensic document examiner, forgery, investigation, notary fraud, robo signers, STOP FORECLOSURE FRAUDComments (1)

Manatee Clerk of Courts Loses DCA Ruling on Paperless Court Docs

Manatee Clerk of Courts Loses DCA Ruling on Paperless Court Docs


DinSFLA: I do understand this is for criminal but…
Published Sunday, August 1, 2010 2:01 am

MANATEE COUNTY — As state and local budgets continue to shrink, public agencies across Florida strive to find more efficient ways to serve the public. In many cases, technology offers solutions that lower costs and minimize the complexity of previously manual processes. In March 2010, Manatee County Clerk of the Circuit Court, R.B. “Chips” Shore used technology to achieve both of those outcomes and has now been sued by the State of Florida’s Attorney General’s Office and the Public Defender of the Tenth Judicial Circuit.

At issue is Shore’s use of technology to provide all necessary copies of original transcripts for indigent criminal appeals. In March, the Clerk’s office began providing transcripts on CD-Rom to the Attorney General and the Public Defender. The decision to provide transcripts in electronic format is based on Administrative Order 2010-1-2 signed by the Honorable Lee Haworth, Chief Judge of the Twelfth Judicial Circuit, in re: Court Reporting Plan. A portion of the plan calls for the clerk to provide copies of transcripts for indigent criminal appeals. “In all publicly-funded cases the clerk of the lower tribunal, rather than the court reporter, shall prepare all necessary copies of the original transcripts…the court reporter shall furnish electronic copies of all transcripts in Microsoft Word on a CD-Rom to the clerk…

Continue Reading….The Bradenton Times

Below is the case:

STATE v. SHORE

STATE OF FLORIDA, OFFICE OF ATTORNEY GENERAL, and THE PUBLIC DEFENDER, TENTH JUDICIAL CIRCUIT, Petitioners,
v.
HON. R.B. “CHIPS” SHORE, CLERK, MANATEE COUNTY, Respondent.

Case No. 2D10-1932.

District Court of Appeal of Florida, Second District.

Opinion filed July 28, 2010.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa; James Marion Moorman, Public Defender, and Robert A. Young, Assistant Public Defender, Bartow, for Petitioners.

Katherine E. Giddings of Akerman Senterfitt, Tallahassee, and Edwin T. Mulock, Bradenton, for Respondent.

WHATLEY, Judge.

The Attorney General for the State of Florida and the Public Defender for the Tenth Judicial Circuit have filed jointly against the Manatee County Clerk of the Circuit Court a petition for writ of mandamus. The petitioners complain that the Clerk, in more than twenty criminal and juvenile appeals since March 2010, has provided the petitioners with only CD-ROMs containing the trial transcripts in Microsoft Word. The petitioners claim that the Clerk’s failure to provide them with paper copies of the transcripts violates certain rules of procedure. They ask this court to direct the Clerk to provide them with paper copies. Because we conclude that the Clerk has not complied with his ministerial duty to provide the petitioners with the trial transcripts in the paper format required by the relevant rules of procedure, we grant the petition.

Facts and procedural history

On January 7, 2010, the chief judge of the Twelfth Judicial Circuit issued an administrative order. In pertinent part, this order directs as follows, with respect to felony appeals:

In all publicly-funded cases the clerk of the lower tribunal, rather than the court reporter, shall prepare all necessary copies of the original transcripts [footnote citation to Florida Rule of Appellate Procedure 9.140(f)(2)(F)]. Pursuant to Rule 9.200(b)(2), AOSC07-41, and AOSC07-28, the court reporter shall furnish electronic copies of all transcripts in Microsoft Word on a CD-Rom to the clerk of the lower tribunal and the parties.[ 1 ]

In response, on March 5, 2010, the Manatee County Clerk of the Circuit Court issued the following memorandum to “All Appeal Attorneys”:

A new Administrative Order in our Circuit makes “the clerk of the lower tribunal, rather than the court reporter, the preparer of all necessary copies of the original transcripts.”

Enclosed is a copy of the transcript(s) on CD-ROM which have been provided to the clerk by the court reporter. Also enclosed is the Record on Appeal and the index.

If you should have any questions, please feel free to contact [employee name] at [phone number].

Thank you in advance for your cooperation in this matter.

Based on the administrative order, the court reporter now sends the Clerk the original paper transcripts and a CD-ROM containing Microsoft Word files of the transcripts. The Clerk apparently duplicates the CD-ROM and forwards a CD-ROM to each of the appellate attorneys, including the petitioners in this proceeding. The Clerk forwards the paper original of the transcripts to this court. The Clerk also forwards the record other than the transcript to all recipients in traditional bound paper format.

The Attorney General and the Public Defender assert that the Clerk is violating the appellate rules by failing to provide them with paper copies of the transcripts. They also argue that their budgets do not cover the costs of printing their own paper copies and that problems with inconsistent pagination among the parties and this court may arise if the petitioners have to rely on the CD-ROM versions of the transcripts. As a result, the Public Defender has been delaying processing the appeals pending resolution of the present petition. The Clerk asserts that he is following the rules correctly while operating under statutory and supreme court mandates to go paperless, that the Clerk’s budget is likewise limited, and that any problems with pagination would be the fault of the court reporter.

Discussion

The resolution of the issue of whether the Clerk may provide the parties with transcripts in CD-ROM format only is grounded in the rules of judicial administration and appellate procedure.[ 2 ] Florida Rule of Judicial Administration 2.535(a)(6) defines “official record” as “the transcript, which is the written record of court proceedings and depositions prepared in accordance with the requirements of subdivision (f).” Rule 2.535(f) reads, in pertinent part:

(f) Transcripts. Transcripts of all judicial proceedings, including depositions, shall be uniform in and for all courts throughout the state. The form, size, spacing, and method of printing transcripts are as follows:

(1) All proceedings shall be printed on paper 8 ½ inches by 11 inches in size and bound on the left.

Fla. R. Jud. Admin. 2.535(f)(1); see also Moorman v. Hatfield, 958 So. 2d 396, 400 (Fla. 2d DCA 2007) (Altenbernd, J., concurring) (discussing rule 2.535 and noting that an audio compact disc does not constitute a transcript). The remainder of rule 2.535(f) delineates further technical specifications for transcripts such as font size and indentation. Individual volumes must be no more than 200 pages in length. Fla. R. Jud. Admin. 2.535(f)(9); see also rule 9.200(b)(2) (providing for the same 200-page limitation).

The core appellate rule concerning the record is Florida Rule of Appellate Procedure 9.200. Rule 9.200(a)(1) defines the record as “the original documents, all exhibits that are not physical evidence, and any transcript(s) of proceedings filed in the lower tribunal,” with the exception of certain documents not at issue here. Rule 9.140 delineates the procedures for criminal appeals. As for the record in criminal appeals, rules 9.140 and 9.200 are to be read together to determine the appropriate procedures. See Fla. R. App. P. 9.140(f)(1) (“The clerk of the lower tribunal shall prepare and serve the record prescribed by rule 9.200 within 50 days of the filing of the notice of appeal.”); see also Fla. R. App. P. 9.140 committee notes, 1977 amend. (“Subdivision [(f)] applies rule 9.200 to criminal appeals and sets forth the time for preparation and service of the record, and additional matters peculiar to criminal cases.”).[ 3 ]

Rule 9.200(b)(2) requires the court reporter or transcriptionist to “transcribe . . . the designated proceedings” “[w]ithin 30 days of service of a designation.”[ 4 ] The routing of transcripts, once prepared by the court reporter, differs between the two rules. The default routing procedure delineated in rule 9.200(b)(2) requires the court reporter to distribute the transcripts by serving copies on the designated parties and filing the originals with the clerk of the lower tribunal. The transcripts must be distributed in paper format and as an “electronic copy”:

Within 30 days of service of a designation, . . . the approved court reporter, civil court reporter, or approved transcriptionist shall transcribe and file with the clerk of the lower tribunal the designated proceedings and shall serve copies as requested in the designation. In addition to the paper copies, the approved court reporter, civil court reporter, or approved transcriptionist shall file with the clerk of the lower tribunal and serve on the designated parties an electronic copy of the designated proceedings in a format approved by the supreme court. If a designating party directs the approved court reporter, civil court reporter, or approved transcriptionist to furnish the transcript(s) to fewer than all parties, that designating party shall serve a copy of the designated transcript(s), in both electronic and paper form, on the parties within 5 days of receipt from the approved court reporter, civil court reporter, or approved transcriptionist. The transcript of the trial shall be securely bound in consecutively numbered volumes not to exceed 200 pages each, and each page shall be numbered consecutively. . . .

Fla. R. App. P. 9.200(b)(2) (emphasis added). The clerk then transmits the record, including the transcripts, to the appeals court. Fla. R. App. P. 9.200(d)(3).

In derogation of this procedure in criminal appeals, the court reporter does not forward copies of the transcripts to the parties. Rather, the court reporter files with the clerk of the lower tribunal the “original transcripts for the [appeals] court” and “sufficient copies for the state and all indigent defendants.” Fla. R. App. P. 9.140(f)(2)(C). The clerk then distributes the record, including the transcripts or the copies, to the appeals court and the parties. Fla. R. App. P. 9.140(f)(4).

However, rule 9.140(f) provides for an exceptional procedure — the cause of the dispute here — whereby the court reporter files only the transcripts with the clerk, who must then make copies for distribution to the parties: “The lower tribunal may by administrative order in publicly-funded cases direct the clerk of the lower tribunal rather than the approved court reporter or approved transcriptionist to prepare the necessary copies of the original transcripts.” Fla. R. App. P. 9.140(f)(2)(F). The chief judge effected this exception by issuing Administrative Order 2010-1.2, as recited above.[ 5 ] The clerk then distributes the record, including the transcripts or the copies, to the appeals court and the parties. Rule 9.140(f)(4).

The petitioners argue that the provision of rule 9.200(b)(2) requiring the court reporter to provide the clerk of the lower tribunal and the parties with both paper and electronic copies of the transcripts mandates that the Clerk provide the petitioners with paper copies. The Clerk argues that rule 9.140(f)(2)(F) says nothing about transcript format and that the format provisions of rule 9.200(b)(2) are not directed to clerks; therefore, the Clerk may provide an electronic copy rather than a paper copy if the Clerk so chooses, consistent with the paperless trend and the authority summarized earlier.[ 6 ]

Conclusion

Although the plain language of rule 9.200(b)(2) is in the Clerk’s favor,[ 7 ] we nevertheless conclude that rules 2.535(f)(1) and 9.140(f)(2)(F), read together, require the Clerk to prepare paper copies of the transcripts for the parties.[ 8 ] Rule 2.535(f)(1) defines the default format of a transcript as the traditional bound paper format. Rule 9.140(f)(2)(F) directs the clerk to prepare copies of the “original transcripts.” As such, the Clerk must copy the paper transcripts, not copy (or, not copy only) the court reporter’s CD-ROM onto additional CD-ROMs for the parties. We further conclude, based on the use in rule 9.140(f)(2)(C) and (F) of the unmodified term “copies,” that the copies of the paper transcripts must also be on paper.[ 9 ] Though not directed to clerks, the language of rule 9.200(b)(2) supports the view that the paper version of the transcripts is the default and that the electronic version is, for the time being at least, an extra: “In addition to the paper copies, the approved court reporter . . . shall file . . . and serve . . . an electronic copy” (emphasis added).[ 10 ]

We conclude also that the requirements for issuance of a writ of mandamus have been met. Pursuant to the rules just discussed, the Clerk has a legal duty to provide copies of transcripts in a specified format and the petitioners have a clear legal right to that performance. See, e.g., Fla. Parole Comm’n v. Criner, 642 So. 2d 51, 52 (Fla. 1st DCA 1994) (noting that “[t]he entitlement to mandamus relief is dependent upon the showing of clear legal right on the part of the petitioner, and an indisputable legal duty of the part of the respondent”). Additionally, the act is ministerial; the Clerk has no discretion to prepare or not prepare the copies. See Lee County v. State Farm Mut. Auto. Ins. Co., 634 So. 2d 250, 251 (Fla. 2d DCA 1994) (“It is fundamental to the writ [of mandamus] that the legal duty of the public agency must be ministerial in nature and not discretionary”). Finally, we conclude that no other adequate remedy exists to ensure that the Clerk performs his duties. See Shevin ex rel. State v. Pub. Serv. Comm’n, 333 So. 2d 9, 12 (Fla. 1976), abrogated on other grounds by In re Emergency Amendments to Rules of Appellate Procedure, 381 So. 2d 1370 (Fla. 1980).

The petition for writ of mandamus is granted with instructions to the Clerk to provide the petitioners with bound paper copies of the transcripts in those criminal appeals in which the Clerk has provided only CD-ROMs or other nonpaper media and, going forward, to provide parties with paper copies of transcripts in all criminal appeals in which copies are required, subject to amendments to the rules of procedure and supreme court orders that may issue in the future. Because the sequence in which the Clerk provides the paper copies of the transcripts in the outstanding appeals is not ministerial, we issue no further instructions but urge the Clerk to prepare and forward the copies in the order in which the originals were received from the court reporter.

As we are confident that the Clerk will promptly comply with this ruling, we withhold formal issuance of the writ. This ruling is effective immediately and its effect will not be delayed by the filing of a motion for rehearing or other postdecision motion.

Petition granted.

NORTHCUTT and BLACK, JJ., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.

1. Admin. Or. 2010-1.2, Fla. 12th Jud. Cir. Ct., ¶ VII.D. (Jan. 7, 2010) (available at http://www.jud12.flcourts.org/LinkClick.aspx?fileticket=F9qmwaSI59w%3d &tabid=114&mid=546). This administrative order has been superseded by a subsequent order. See Admin. Or. 2010-9.2, Fla. 12th Jud. Cir. Ct. (May 3, 2010) (available at http://www.jud12.flcourts.org/LinkClick.aspx?fileticket= EMqg3BuQrUc%3d&tabid=114&mid=546). The newer order makes certain adjustments to Administrative Order 2010-1.2 that do not affect the analysis here. The AOSC documents referred to in the quoted text are Florida Supreme Court administrative orders. See Admin. Or. AOSC07-28, Fla. Sup. Ct. (May 31, 2007) (available at http://www.floridasupremecourt.org/clerk/adminorders/2007/sc07-28.pdf); Admin. Or. AOSC07-41, Fla. Sup. Ct. (Aug. 17, 2007) (available at http:// www.floridasupremecourt.org/clerk/adminorders/2007/sc07-41.pdf).
2. The Clerk relies on additional authority that does not support his position. Contrary to the Clerk’s assertions, section 28.22205, Florida Statutes (2009), does not provide for an absolute deadline by which the clerks of court must implement an electronic filing process. Likewise, section 668.50, Florida Statutes (2009), the Uniform Electronic Transaction Act, does not help the Clerk. See § 668.50(3)(b)(4) (noting that the statute “does not apply to a transaction to the extent the transaction is governed by. . . [r]ules related to judicial procedure”).The Clerk also asserts that his office is going paperless under the auspices of the Florida Supreme Court, pursuant to two administrative orders. See Admin. Or. AOSC01-4, Fla. Sup. Ct. (Jan. 26, 2001) (available at http://www.floridasupremecourt.org/clerk/adminorders/2001/sc01-4.pdf), and Admin. Or. AOSC05-91 (amended), Fla. Sup. Ct. (Mar. 4, 2009) (available at http://www.floridasupremecourt.org/clerk/adminorders/2005/sc05-91.pdf). These orders permit the Clerk of the Circuit Court for Manatee County to accept electronic filings pursuant to Florida Rule of Judicial Administration 2.525 (formerly rule 2.090). The orders do not specify that the Clerk may use electronic transmission for outgoing documentation, for which the court’s separate permission is required and which is limited to outgoing orders. See Fla. R. Jud. Admin. 2.525(d). And in any event, rule 2.525 concerns “electronic transmission of documents,” which refers to

the transmission by electronic signals, to or from a court or clerk of the court, of information which when received can be transformed and stored or reproduced on paper, microfilm, magnetic storage device, optical imaging system, or other electronic record keeping system authorized by the Supreme Court of Florida . . . .

Fla. R. Jud. Admin. 2.525(a) (emphasis added). This definition does not encompass the forwarding of documents saved on CD-ROM. As such, the Clerk’s argument from rule 2.525 and the supreme court’s administrative orders is unavailing.

3. The Clerk argues, with respect to transcripts at least, that rules 9.200 9.140 are separate, with rule 9.200(b) providing directives for civil appeals and rule 9.140(f)(2) for criminal appeals. This is a misreading of the rules. In addition to the directive of rule 9.140(f)(1) and the committee note just recited, support for the proposition that rule 9.200(b) governs transcripts in criminal appeals to the extent that rule 9.140(f)(2) has not superseded it is found in the fact that certain procedural steps are found only in rule 9.200(b), such as the 30-day deadline by which the court reporter is to prepare the transcripts, Fla. R. App. P. 9.200(b)(2), and the provision for extensions of time, Fla. R. App. P. 9.200(b)(3).
4. We assume that the appellant has either paid for the record or is entitled to the record, not merely the record index, due to indigence. See Fla. R. App. P. 9.140(f)(2)(C), (4).
5. It is not clear from the rule, its commentary, or the opinion promulgating the amendments that included this provision, Amendments to the Florida Rules of Appellate Procedure, 696 So. 2d 1103 (Fla. 1996), why the lower tribunal should be able to shift part of the labor and cost burden from the court reporter to the clerk. Although the cost issue per se is not before us, it would seem possible for the circuit court, the parties, the court reporters, and the Clerk to reach an agreement whereby that portion of the court reporter’s fee devoted to making copies for the parties under the standard procedure, Fla. R. App. P. 9.140(f)(2)(C), could be remitted to the Clerk when the exceptional procedure, Fla. R. App. P. 9.140(f)(2)(F), is invoked.
6. Supra n. 2.
7. The format provisions in rule 9.200(b)(2) were added in 2006. See In re Amendments to The Fla. Rules of Appellate Procedure, 941 So. 2d 352, 361 (Fla. 2006). As seen in the emphasized language in the indented quotation from this rule, above, the wording, whether inadvertent or deliberate, does not take into consideration that entities other than the court reporter or the parties are required to forward the transcript in certain situations, such as criminal appeals.
8. The fact that the Clerk was unable to cite any relevant affirmative authority for its position outside the rules of procedure supports this conclusion.
9. The paper copies must also be bound according to the rules of procedure and reflect the same pagination shown in the original record and transcript. See Fla. R. Jud. Admin. 2.535(f)(9); Fla. R. App. P. 9.200(b)(2), (d)(1)(A), (B).
10. We note also that the chief judge’s administrative order requires “the court reporter [to] furnish electronic copies of all transcripts in Microsoft Word on a CD-Rom to the clerk of the lower tribunal and the parties.” Admin. Or. 2010-1.2, Fla. 12th Jud. Cir. Ct., ¶ VII.D. (emphasis added). To the extent that the court reporter is already providing the parties with a CD-ROM version of the transcripts, the clerk’s doing so is redundant.

This copy provided by Leagle, Inc.

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



Posted in foreclosure, foreclosure fraud, foreclosures, mortgage, noteComments (1)

COULD FORECLOSURE NOTES & MORTGAGES BE KEPT HERE?

COULD FORECLOSURE NOTES & MORTGAGES BE KEPT HERE?


According to a prospectus

will not physically segregate the mortgage files in XXXXX custody but the mortgage files will be kept in shared facilities. However, XXXXXX’s proprietary document tracking system will show the location within XXXXXX’s facilities of each mortgage file and will show that the mortgage loan documents are held by the Trustee on behalf of the trust.

This is LPS’s mail center in Minnesota. This is where many of the settlement documents get sent to for scanning and uploading. Take a listen and maybe this is where all the documents are kept for safe keeping?

Just saying…because this is a warehouse and they have plenty of room.

You have to watch it entirely… or go to 4:24 and start from there.

If you look click this post below you will see title is sent to LPS in MN…see my point———>

LENDER PROCESSING SERVICES (LPS) BUYING UP HOMES AT AUCTIONS? Take a look to see if this address is on your documents!

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



Posted in Lender Processing Services Inc., LPS, mortgage, note, securitization, TrustsComments (1)


GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Chip Parker, www.jaxlawcenter.com
Kenneth Eric Trent, www.ForeclosureDestroyer.com
Advertise your business on StopForeclosureFraud.com

Archives