Homecomings Financial | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "homecomings financial"

DEUTSCHE BANK TRUST Co. of Am. V. DAVIS | NYSC “Smoke and Mirrors, Assignment Flawed?, Genuineness of plaintiff’s possession of the mortgage?, Plaintiff Atty Sanctioned, HAMP”

DEUTSCHE BANK TRUST Co. of Am. V. DAVIS | NYSC “Smoke and Mirrors, Assignment Flawed?, Genuineness of plaintiff’s possession of the mortgage?, Plaintiff Atty Sanctioned, HAMP”


Decided on June 29, 2011

Supreme Court, Kings County

Deutsche Bank Trust Company of America as Trustee for RALI 2006QS10, Plaintiffs,

against

Charmaine Davis, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC., NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, MR. DAVIS, ET AL., Defendants.

EXCERPTS:

4210/09

Herbert Kramer, J.

The following papers have been read on this motion:

Notice of Motion/Order to Show Cause/Papers Numbered

Petition/Cross Motion and

Affidavits (Affirmations) Annexed

Opposing Affidavits (Affirmations)

Reply Affidavits (Affirmations)

_______________(Affirmation)_

Other Papers

Are parties required to negotiate in good faith during the foreclosure settlement conferences?In light of the state and federal statutes, particularly CPLR §3408, this Court holds that not only are the parties required to come to this Court in good faith, but also to negotiate in good faith towards creation of a mutually satisfactory modification agreement.

[…]

Therefore, this Court stays the entire matter until such time as the plaintiff moves the Court to resume negotiations in good faith.[FN2] Additionally, plaintiff’s attorney is sanctioned 50% of interest due to the plaintiff from April 23, 2009, the date of first HAMP conference, until June 3, 2011, the date of the parties appearance in Part 13, due to delay directly attributable to plaintiff. Further, defendant is directed to pay $3,000 per month [FN3] to the County Clerk until the stay is lifted or the [*3]amount of the mortgage repaid.[FN4]

As a final note, the record reflects that there is a question as to the genuineness of plaintiff’s possession of the mortgage, and the possession of the mortgage at the inception of this action. There is indication that the assignments may have been flawed. It is this Court’s position that the plaintiff, who assigns and receives mortgages with reasonable frequency, cannot avoid the obligations of the state and federal statutes by the continued sale and transfer of mortgages. This Court will not be a willing participant in plaintiff’s smoke and mirrors.

[…]

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



Posted in STOP FORECLOSURE FRAUDComments (1)

MUST READ! NY Judge Vacates NOTE Over Confusion, LQQK And SEE WHY! JPMorgan Chase v. RAMIREZ

MUST READ! NY Judge Vacates NOTE Over Confusion, LQQK And SEE WHY! JPMorgan Chase v. RAMIREZ


CA Retired Judge Samuel L. Bufford said it best

“Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party”

Jp MORGAN CHASE BANK, N.A. f/k/a Jp
MORGAN CHASE BANK f/k/a THE CHASE
MANHA TTAN BANK, AS TRUSTEE,

against

INDI flRA RAMIREZ, JOSEPH JAMES, KEISH
McCLOUD a/k/a KEISHA McLEOD, MYRNA
JAMES, NORTH FORK BANK,

Excerpt:

Finally, a court may vacate a note of issue at any time on its own motion if it appears that a material fact in the certificate of readiness is incorrect (see, 22 NYCRR 202.21 [e]; Simon v City of Syracuse Police Dept., 13 AD3d 1228, 787 NYS2d 577 [4th Oept 2004], Iv dismissed 5 NY2d 746, 800 NYS2d 375 [2005]). Here, based on the evidence submitted with the moving papers and the confusion regarding plaintiff’s standing and prosecution of this foreclosure action, the Court concludes that the certificate of readiness contains a misstatement of material fact, namely, that
disclosure is complete and the action is ready for trial. Accordingly, the Court, sua sponte, vacates the note of issue filed by plaintiff and strikes this action from the trial calendar (see 22 NYCRR 202.21 [e]).

This is a MUST read below…

[ipaper docId=50325156 access_key=key-25hut0sqsr8f7xi6zfvm height=600 width=600 /]

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Posted in STOP FORECLOSURE FRAUDComments (0)

NY BANKRUPTCY COURT In Re: Fagan DECISION GRANTING SANCTIONS FOR MOTION TO LIFT STAY BASED ON FALSE CERTIFICATION

NY BANKRUPTCY COURT In Re: Fagan DECISION GRANTING SANCTIONS FOR MOTION TO LIFT STAY BASED ON FALSE CERTIFICATION


Please read this case and the words this Judge uses ….It appears that Steven J. Baum P.C. has been up to this for quite some time.

UNITED STATES BANKRUPTCY COURT FOR PUBLICATION

SOUTHERN DISTRICT OF NEW YORK

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – x

In re: :

Chapter 13

EILEEN FAGAN, :
Case No. 04 B 23460 (ASH)
Debtor. :
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – x
A P P E A R A N C E S :
LAW OFFICE OF SHMUEL KLEIN, P.C.
Attorneys for Debtor
By: Shmuel Klein, Esq.
268 Route 59
Spring Valley, NY 10977

STEVEN J. BAUM, P.C.
Attorneys for Secured Creditor
By: Dennis Jose, Esq.
220 Northpointe Parkway, Suite G
Amherst, NY 14228

ADLAI S. HARDIN, JR.
UNITED STATES BANKRUPTCY JUDGE

DECISION GRANTING SANCTIONS FOR MOTION TO LIFT STAY BASED ON FALSE CERTIFICATION

In In re Gorshstein, 285 B.R. 118 (Bankr. S.D.N.Y. 2002) I granted sanctions against secured creditors in three separate cases where the secured creditors moved to vacate the automatic stay on the basis of false certifications of post-petition defaults. The Gorshstein decision was “provoked by an apparently increasing number of motions in this Court to vacate the automatic stay filed by secured creditors often based on attorney affidavits certifying material post-petition defaults where, in fact, there were no material defaults by the debtors.” 285 B.R. at 120.

The Secured Creditor’s motion to lift the stay in this case is, in the vernacular, a “poster child” for the type of abuse condemned in the Gorshstein decision. It is one of several such motions to come before me in recent months. This decision granting substantial sanctions in favor of the debtor and her attorney is published to reiterate and reinforce my strongly-held view that debtors must not be subjected to the risk of foreclosure and loss of their homes on the basis of false certifications of post-petition defaults.

Jurisdiction

This Court has jurisdiction over this contested matter under 28 U.S.C. §§ 1334(a) and 157(a) and the standing order of reference in this District dated July 10, 1984 (Acting Chief Judge Ward).

This is a core proceeding under 28 U.S.C. § 157(b).

The Facts

By Notice of Motion and Application both dated June 1, 2007 Deutsche Bank Trust Company of America’s f/k/a Bankers Trust Company, as Trustee c/o Homecomings Financial, LLC (the “Secured Creditor”) moved to terminate the automatic stay with respect to the debtor’s residential real property in Stony Point, New York (the “Property”). The Secured Creditor holds by assignment a note dated October 9, 2001 in the amount of $284,750.00 secured by a mortgage on the Property. The Application recited that as of May 30, 2007 there was an unpaid principal balance on the loan of $278,043.61 with interest thereon in the amount of $20,553.51 plus late charges in the amount of $946.28, aggregating $299,543.40.

The debtor filed her petition under Chapter 13 on September 21, 2004. Thus, the debtor’s first post-petition mortgage payment was due for October 2004. Paragraph 3 of the Application states as follows:

As of the 30th day of May, 2007, the Debtor has failed to make 4 post-petition payments in the amount of $4,020.03 which represents the payments due the 1st day of February, 2007 through May, 2007 and has not cured said default.

As amplified below, this statement was false.

Annexed to the Application was an affidavit sworn to by John Cody, an Assistant Vice President of Homecomings Financial Network, sworn to April 3, 2006 in which Mr. Cody swore in paragraph 5:

As of the 31st day of March, 2006, the Debtor has failed to make 2 post-petition payments in the amount of $3,709.17 which represents the payments due the 1st day of February, 2006 through March, 2006 and has not cured said default.

The Cody affidavit was submitted in support of a motion filed by the Secured Creditor in 2006 and was erroneously annexed to the instant motion. The quoted statement from the Cody affidavit was false when made in 2006. Belatedly recognizing that the Cody affidavit applied to the Secured Creditor’s baseless 2006 motion to lift the stay, on June 8, 2007 counsel for the Secured Creditor filed an affidavit sworn to by Dory Goebel, a Bankruptcy Representative of Homecomings Financial, LLC, sworn to June 1, 2007.

In paragraph 5 of his affidavit, Mr. Goebel swore as follows:

As of the 30th day of May, 2007, the Debtor has failed to make 4 post-petition payments in the amount of $4,020.03 which represents the payments due the 1st day of February, 2007 through May, 2007 and has not cured said default.

Mr. Goebel’s sworn statement quoted above was false.

The instant motion was noticed for presentment on June 14 with a hearing date of June 20, 2007 if objections were timely served and filed. On June 6 counsel for the debtor filed the debtor’s affirmation in opposition noting that since the filing of her case she had made all post-petition payments required under the mortgage, and all such payments were cashed by the Secured Creditor.

Copies of the debtor’s payment checks were attached to the opposing affirmation. The debtor sought punitive sanctions for the “frivolous motion,” the Secured Creditor’s second such motion. The Secured
Creditor’s attorney responded with a “Reply Affirtmation [sic] in Support of Secured Creditor’s Motion
to Terminate the Automatic Stay” dated June 13, 2007 (the “Reply Affirmation”). The Reply Affirmation
noted that the initial Application incorrectly annexed the 2006 Cody affidavit and substituted the June 1, 2007 Goebel affidavit quoted above as Exhibit B. The Reply Affirmation also annexed as Exhibit C a document entitled “Post Petition Payment History for: Eileen Fagan BK Case No. 04-23460” with a notation at the bottom “ledger prepared on 06/13/07.” This “Post Petition Payment History” is one of several such documents submitted by the Secured Creditor, all of which are of central importance on this contested matter because, as explained below, they all demonstrate that the debtor was substantially current at all times post-petition. Despite Exhibit C, the Reply Affirmation concludes “that as of the Date of the Motion, the Debtor was due for the Months of February 2007 through May 2007 and the Month of June 2007 had become due.” As amplified below, Exhibit C demonstrates that this statement was false.

The debtor responded by submitting a July 10, 2007 “Sur-Reply Affirmation in Opposition and Request for Attorney Fees” signed by Linda Fagan, the debtor’s mother. The Sur-Reply Affirmation stated in relevant part as follows:

3. My daughter had a nervous breakdown aggravated by this bank about two years ago. Since then, I made each of the monthly mortgage payments to Homecomings which is the servicer for Deutsche Bank Trust Company and they have CASHED thy [sic] payments.

4. The latest submission is an outright lie, deceptive and deliberately out of order. . . .

5. Homecomings said they did not get the March 2007 payment and I immediately went to Western Union and sent them payment — which they accepted –- the day I found out about it.

6. Homecomings deliberately holds the mortgage payment checks for several weeks and then cashes them to create late fees and penalties. They also hold the checks for months, and then put two or three checks all in at once to create a bounce check situation.

7. I sent the May 2007 mortgage on or about May 14, 2007. When the check did not clear, I immediately called Homecomings when our May bank statement was received and inquired if they received the check. After being on hold for 45 minutes, they acknowledged that they received the check, but the account servicing agent did not know why it was not cashed. I called again two weeks later and they now said they never got the check. I called my attorney and he advised me to stop the check and then overnight another check on June 13, 2007. Even though they received it by OVERNIGHT courier on June 14, 2007, it was not cashed until June 27, 2007. See Exhibit “A”.

8. Incredulously [sic], they then tried to cash the May 2007 “lost check” which I stopped (they first said they received and then said they never received) and then sent me notice to me [sic] in July that the check was “returned unpaid”. See Exhibit “B”.

7. [sic] I AM CURRENT. I have not missed a payment and am paying more than I have to. . . .

It is significant that no affidavit contesting Linda Fagan’s statements was submitted by the Secured Creditor.

A hearing on the motion was held on July 17, 2007 attended by the attorneys for both sides. At the hearing the Secured Creditor submitted a revised but undated “Post Petition Payment 1 Paragraph 6 of the Supplemental Reply Affirmation states:

6. This Law Firm regrettably concedes that during the preparation of the Motion for Relief from Stay and the Bank Affidavit, it erroneously represented that the Debtor was due for the months of February through May of 2007 when in fact the Debtor was due for the months of April through May of 2007. (Emphasis in original)

History for: Eileen Fagan,” which I received in evidence as Court Exhibit 1. After hearing oral argument of counsel, I adjourned the hearing to August 22 in order to give the Secured Creditor an opportunity to make a further submission demonstrating, if it could, that the debtor was in arrears post-petition, which did not appear likely in view of the original “Post Petition Payment History” prepared on 06/13/07 and the amended “Post Petition Payment History” marked Court Exhibit 1. After oral argument at the August 22 hearing, I scheduled a final hearing for September 18.

The Secured Creditor’s attorney then submitted a “Supplimental [sic] Reply Affirtmation [sic] in Support of Secured Creditor’s Motion to Terminate the Automatic Stay” dated August 31, 2007 (“Supplemental Reply Affirmation”). The Supplemental Reply Affirmation annexes as Exhibit C a copy of the “Post Petition Payment History” which was marked as Court Exhibit 1 at the July 17 hearing. It also annexes as Exhibit B yet another “Post Petition Payment History” (undated) with numbers slightly different from the numbers contained on Exhibit C (Court Exhibit 1). The Supplemental Reply Affirmation acknowledged error in the original motion,1 but concluded that “when the Motion for Relief was filed on June 1, 2007, the Debtor was delinquent with her post-petition mortgage obligations and due for the months of April 2007 through May 2007.” Once again, as amplified below, all three versions of the Secured Creditor’s Post Petition Payment History demonstrate that the debtor has never been materially delinquent in her post-petition mortgage obligations.

Paragraph 15 of the Supplemental Reply Affirmation states that “As per the most recent information received from the Secured Creditor, the Debtor has paid monies subsequent to the filing of the Motion that would bring her post-petition current.” The Affirmation notes further that the debtor has commenced a 16-count adversary proceeding complaint against the Secured Creditor which raises, inter alia, certain of the allegations of bad faith asserted by the debtor against the Secured Creditor in opposing the motion to lift the stay. Consequently, in the “Wherefore” clause “Secured Creditor respectfully requests a finding that its Motion for Relief dated June 1, 2007 was filed in good faith and said Motion be marked withdrawn with the parties to litigate the issued [sic] raised by the Debtor in her opposition in detail within the confines of the now pending Adversary Proceeding.”

At the September 18 third and final hearing on this motion to lift stay, I asked the Secured Creditor’s attorney to explain and confirm the significance of the several Post Petition Payment History computer printouts submitted by Secured Creditor in purported support of the motion. To that we now turn.

The Debtor’s Post-Petition Payment History For purposes of this analysis, I shall focus on the Post Petition Payment History which was submitted by the Secured Creditor at the July 17 hearing and marked as Court Exhibit 1, a copy of which was submitted as Exhibit C to the Secured Creditor’s Supplemental Reply Affirmation.

Since the debtor’s Chapter 13 case was filed on September 21, 2004, the first postpetition mortgage payment was due October 1, 2004, with a two-week grace period.

The following reproduces the Court Exhibit 1 version of the debtor’s Post Petition Payment History in material part:

2 The “Date” column apparently lists the dates when the Secured Creditor cashed and/or credited the debtor’s payments, not the dates when the payments were delivered to or received by the Secured Creditor. See paragraph 6 of the Linda Fagan affirmation, quoted above.

<SNIP>

Conclusion

Motions to lift the stay may be routine and inconsequential to secured creditors and their counsel. But to a debtor and his or her family, such a motion and the consequent loss of the family home may be devastating. Most creditors and counsel are conscientious. But some are callous by design or inadvertence, as exemplified by this motion and two others presented to the Court the same week. The danger here is that a debtor who does not have an attorney or the resources of intellect or spirit to defend against a baseless motion may lose his/her home despite being current on post-petition mortgage and plan payments.

I know of no way to protect against such an eventuality if no material consequence attaches to the filing of motions based upon false certifications of fact. Secured creditors and their counsel who know that filing a false motion to lift the stay will result in material sanctions if caught will undoubtedly be motivated to a higher standard of care.

Dated: White Plains, NY

September 24, 2007

/s/Adlai S. Hardin, Jr.

U.S.B.J.

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Posted in assignment of mortgage, bankruptcy, bogus, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Law Office Of Steven J. Baum, STOP FORECLOSURE FRAUDComments (0)

ALLY TOLD FREDDIE AND FANNIE OF FAULTY FORECLOSURE AFFIDAVITS WEEKS AGO!

ALLY TOLD FREDDIE AND FANNIE OF FAULTY FORECLOSURE AFFIDAVITS WEEKS AGO!


This all makes sense now since the Obama administration was about to hold a conference on what to do with both Fannie and Freddie around this same time.

Ally Said to Tell Freddie Mac of Faulty Foreclosures Weeks Ago

By Lorraine Woellert and Dakin Campbell – Sep 24, 2010 12:01 AM ET

Ally Financial Inc.’s GMAC Mortgage unit told Freddie Mac that foreclosures by the auto and home lender might have been faulty weeks before halting its own evictions, according to two people briefed on the matter.

Ally informed Freddie Mac on Aug. 25 that affidavits for court proceedings might not be valid, according to a person with direct knowledge of the matter. By Sept. 1, Freddie Mac had notified its network of lawyers and stopped related foreclosures and evictions, said the person, who declined to be identified because the matter hasn’t been formally disclosed. GMAC told agents to halt evictions in 23 states on Sept. 17.

Fannie Mae, the largest government-backed mortgage firm, said it notified lawyers of flaws in GMAC documentation after it was alerted. Fannie Mae spokesman Brian Faith declined to say when GMAC contacted the company, and Gina Proia, the spokeswoman for Detroit-based Ally, said she couldn’t comment.

“We are obviously dismayed by reports of document problems,” Freddie Mac spokesman Brad German said in an interview. “The practices described in these reports are clearly not in compliance with Freddie Mac guidelines and servicer directives.” German wouldn’t say how many of the McLean, Virginia-based firm’s holdings were affected by the freeze.

Servicers ‘Accountable’

Fannie Mae said in a statement that its servicers must adhere to all legal requirements. “It is their responsibility to put processes in place that ensure they are fulfilling this requirement, and they are accountable for rectifying any issues that may arise in this regard.”

Continue Reading… BLOOMBERG

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Posted in assignment of mortgage, CONTROL FRAUD, corruption, fannie mae, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, Freddie Mac, investigation, jeffrey stephan, jpmorgan chase, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., notary fraud, note, robo signers, shapiro & fishman pa, STOP FORECLOSURE FRAUDComments (1)

Hmmm LETS SEE…WHO’s NEXT?…OH YEA LINDA GREEN, ‘BOGUS’ AND LENDER PROCESSING SERVICES

Hmmm LETS SEE…WHO’s NEXT?…OH YEA LINDA GREEN, ‘BOGUS’ AND LENDER PROCESSING SERVICES


The Washington Post just keeps putting more and more out! Now they exposed Linda Green, Lender Processing Services (LPS)…and pending “Criminal Investigations

Amid mountain of paperwork, shortcuts and forgeries mar foreclosure process

By Ariana Eunjung Cha and Brady Dennis

Washington Post Staff Writers
Wednesday, September 22, 2010; 9:22 PM

The nation’s overburdened foreclosure system is riddled with faked documents, forged signatures and lenders who take shortcuts reviewing borrower’s files, according to court documents and interviews with attorneys, housing advocates and company officials.

Continue reading …WASHINGTON POST

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LETS NOT FORGET HER MULTIPLE SIGNATURE PERSONALITIES

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Posted in assignment of mortgage, Beth Cottrell, bogus, chain in title, CONTROL FRAUD, corruption, DOCX, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, geithner, investigation, jeffrey stephan, jpmorgan chase, judge arthur schack, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., linda green, LPS, MERS, MERSCORP, Moratorium, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, notary fraud, note, robo signers, stopforeclosurefraud.com, Supreme CourtComments (7)

MERS is a “defective” product, should MERS be recalled nationwide?

MERS is a “defective” product, should MERS be recalled nationwide?


This is not a GMAC thing… this is a MERS thing!

THE GOVERNMENT KNOWS THIS IS A MERS THING!

THIS IS A 65 MILLION LOAN THING!

I know if I purchased a stroller for my kid and later knew it these strollers are all defective …I hope the government would kick in and do a nationwide RECALL!!

GMAC stops some evictions, foreclosed home sales

By JANNA HERRON (AP) –

NEW YORK — GMAC Mortgage LLC said Monday it halted certain evictions and sales of foreclosed homes as it corrects “a potential issue” in its foreclosure process.

The action highlights what is becoming a larger problem for lenders and servicers that may have illegally driven homeowners out of their houses. The issue is threatening to clog up an already overloaded foreclosure process.

Lenders took back more homes in August than in any month since the start of the U.S. mortgage crisis, foreclosure listing firm RealtyTrac Inc. said last week. Banks have been stepping up repossessions to clear out their backlog of bad loans.

GMAC, which is owned by Detroit-based Ally Financial Inc., did not identify the specific internal issue that prompted the moratorium in its statement, but it has been linked to lawsuits this year surrounding the alleged falsification of a key foreclosure document.

The Florida attorney general is investigating three law firms for allegedly providing fraudulent affidavits that identify who holds the original mortgage note in foreclosure cases. In Florida and in other states, this document allows lenders to bypass a costly trial and proceed with a foreclosure.

Two of the three firms being investigated — the Law Office of Marshall C. Watson and the Law Offices of David J. Stern PA — have represented GMAC in foreclosure proceedings. And the person who signed many of these allegedly false affidavits was an employee of GMAC.

In a deposition taken in December, GMAC employee Jeffrey Stephan said he signed 10,000 affidavits or similar documents a month without personally verifying who the mortgage holder was. That means many foreclosures could have taken place based on false documentation. Stephan could not be located for comment.

“That’s hundreds of thousands of cases,” said Ice Legal PA attorney Christopher Immel who took the deposition. “And there are other people at other places who sign these kinds of documents as well.”

GMAC did not address how many homeowners would be affected by its suspension of evictions and foreclosure sales. It expects the issues to be resolved within a few weeks or, at latest, by year-end. The company didn’t respond to questions beyond its statement.

The issue of documenting who holds the mortgage is not unique to GMAC. Judges and lawyers nationwide are taking a second look at foreclosure affidavits. Many mortgages have been sliced up and sold to many investors as securities and that makes it harder to determine who is the ultimate mortgage holder.

In August, a judge in Duval County, Fla., ruled that JPMorgan Chase could not foreclose upon two homeowners because Fannie Mae carried the mortgage on its books and JPMorgan Chase only serviced the loan. JPMorgan Chase had identified itself as the owner of the loan. Similar cases across the country are pending.

The law firm that represented JPMorgan Chase in that case — Shapiro & Fishman — is the third law firm being investigated by the Florida state attorney.

Related:

MERS101


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Posted in assignment of mortgage, chain in title, concealment, conflict of interest, conspiracy, CONTROL FRAUD, corruption, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forgery, investigation, jeffrey stephan, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, MERS, MERSCORP, Moratorium, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, notary fraud, QUI TAM, quiet title, racketeering, RICO, robo signers, shapiro & fishman pa, signatures, Wall StreetComments (0)

BLOOMBERG| GMAC STOPS FORECLOSURES NATIONWIDE IN 23 STATES

BLOOMBERG| GMAC STOPS FORECLOSURES NATIONWIDE IN 23 STATES


This bombshell just hit the wires….EFFECTIVE IMMEDIATELY GMAC HAS SUSPENDED ALL FORECLOSURES IN 23 STATES!

HMMMM could this have something to do with this?? Key word JEFFREY STEPHAN

Ally’s GMAC Mortgage Halts Home Foreclosures in 23 States

By Denise Pellegrini – Sep 20, 2010 9:43 AM ET

Ally Financial Inc.’s GMAC Mortgage unit told brokers and agents to halt evictions tied to foreclosures on homeowners in 23 states including Florida, Connecticut and New York.

GMAC Mortgage may “need to take corrective action in connection with some foreclosures” in the affected states, according to a two-page memo dated Sept. 17 marked “urgent.” Ally Financial spokesman James Olecki confirmed the contents of the memo. Brokers were told to immediately stop evictions, cash- for-key transactions and lockouts, according to the document, addressed to GMAC preferred agents.

The lender will also suspend sales of properties on which it has already taken possession. The letter tells brokers to notify buyers that the company will extend closing dates by 30 days. Buyers will be able to cancel their agreement to purchase and get their deposit back, according to the letter.

Continue Reading…. BLOOMBERG

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Following is a table of the affected states.

Connecticut
Florida
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Vermont
Wisconsin

To contact the reporter on this story: Denise Pellegrini in New York at dpellegrini@bloomberg.net.

Image credit: The office complex of GMAC Mortgage, located in Fort Washington, Pennsylvania. Photographer: Bradley C. Bower/Bloomberg

Related articles:

JEFFREY STEPHAN: MANY CORPORATE HATS

—————————————————–

HIGHLIGHTS FROM A DEPOSITION OF JEFFREY STEPHAN |By Lynn E. Szymoniak, Esq. Ed., Fraud Digest

—————————————————-

DEPOSITION OF JEFFREY STEPHAN

Deposition_of_Jeffrey_Stephan

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



Posted in chain in title, conspiracy, CONTROL FRAUD, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, GMAC, jeffrey stephan, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Real Estate, servicers, STOP FORECLOSURE FRAUDComments (1)

JEFFREY STEPHAN: MANY CORPORATE HATS

JEFFREY STEPHAN: MANY CORPORATE HATS


From Lynn Szymoniak

Jeffrey Stephan, who actually works for GMAC Mortgage Corp. in Montgomery County, PA, signs thousands of Mortgage Assignments each month as an officer of other banks and mortgage companies in order to transfer mortgages TO GMAC. In Florida, the law firms that regularly present documents signed by Jeffrey Stephans as “proof” that GMAC has standing to foreclose include The Law Offices of Marshall Watson, The Law Offices of David Stern and Florida Default Law Group.

Stephan has admitted in depositions that he has no personal knowledge of the facts of documents he signs, does not verify the facts, and often does not sign in front of a notary (though the documents are eventually notarized).

Titles used by Jeffrey Stephan include the following:

(“MERS” stands for Mortgage Electronic Registration Systems, Inc.)

Vice President, MERS as Nominee for American Interbanc Mortgage , LLC;

Vice President, MERS as Nominee for Cardinal Financial Co., Ltd. Partnership;

Vice President, MERS as Nominee for Centerpoint Financial, Inc.;

Vice President, MERS as Nominee for Central Pacific Mortgage Corp.;

Vice President, MERS as Nominee for Certified Home Loans of Florida, Inc.;

Vice President, MERS as Nominee for Gateway Mortgage Group, LLC;

Vice President, NERS as Nominee for GMAC Bank;

Vice President, MERS as Nominee for GMAC Mortgage Corp. d/b/a Ditech.com;

Vice President, MERS as Nominee for Great Country Mortgage Bankers Corp.;

Vice President, MERS as Nominee for Greenpoint Mortgage Funding, Inc.

Vice President, MERS as Nominee for Group One Mortgage, Inc.;

Vice President, MERS as Nominee for Homecomings Financial Network, Inc,;

Vice President, MERS as Nominee for Lexon Financial Mortgage Corp. d/b/a Weslend Financial Corp.;

Vice President, MERS as Nominee for Mortgage Investors Corp.;

Vice President, MERS as Nominee for Pinnacle Financial Corp. d/b/a Tri Star Lending Group

Vice President, MERS as Nominee for Popular Mortgage Corp.;

Vice President, MERS as Nominee for Premier Mortgage Funding;

Vice President, MERS as Nominee for Quicken Loans;

Vice President, MERS as Nominee for Sky Investments d/b/a North Star Lending;

Vice President, MERS as Nominee for Transland Financial Services, Inc.; and

Vice President, MERS as Nominee for USAA Federal Savings Bank

Read more on…Jeffery Stephan




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



Posted in chain in title, conflict of interest, conspiracy, CONTROL FRAUD, FDLG, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, fraud digest, GMAC, jeffrey stephan, Law Offices Of David J. Stern P.A., law offices of Marshall C. Watson pa, Lynn Szymoniak ESQ, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Mortgage Foreclosure Fraud, robo signer, robo signers, STOP FORECLOSURE FRAUD, stopforeclosurefraud.comComments (0)

FLORIDA DEFAULT LAW GROUP FALSE STATEMENTS by Lynn Szymoniak, ESQ.

FLORIDA DEFAULT LAW GROUP FALSE STATEMENTS by Lynn Szymoniak, ESQ.


False Statements

Florida Default Law Group
Jeffrey Stephans

Action Date: September 14, 2010
Location: West Palm Beach, FL

On September 14, 2010, Florida Default Law Group filed “Notices” in foreclosure actions that the firm was withdrawing Affidavits it had previously filed. The Affidavits were signed by Jeffrey Stephan of GMAC Mortgage/Homecomings Financial in Montgomery County, PA. Stephan had previously admitted in depositions that he signed thousands of such affidavits each month with no knowledge of the contents and in many cases without even bothering to read the Affidavits. In the Notices, Florida Default claimed that “the undersigned law firm was not aware” that the Stephans Affidavits were improper and had a good faith belief in the Stephans Affidavits. Stephans signed so many Affidavits, however, on behalf of so many different securitized trusts, that his lack of actual knowledge should have been obvious. Many other mortgage servicing companies and foreclosure firms have filed thousands of other worthless, unfounded Affidavits. Perhaps the Law Offices of Marshall Watson will notify courts that Lost Note Affidavits signed by Linda Green, Tywanna Thomas and Korell Harp are also improper; perhaps The Law Offices of David Stern will notify Courts that their own office manager, Cheryl Samons, had no knowledge and did not even read the Affidavits she signed. The dark days of the foreclosure “robo-signers” seem to finally be coming to an end in Florida. Will the same judges who accepted thousands of these worthless Affidavits now believe the allegations that the foreclosure law firms acted in good faith when they presented these documents to Courts? An example of the Notice filed by Florida Default is available in the “Pleadings” section of this site. Highlights from the deposition of Jeffrey Stephan are available in the “Articles” section. Scott Anderson, Bryan Bly, Margaret Dalton, Erica Johnson-Seck, Crystal Moore and the other professional signers may finally be held accountable for their sworn false statements.


Affidavit in question below courtesy of ForeclosureHamlet:

[ipaper docId=37452927 access_key=key-1adz01qek3zbdb25hukl height=600 width=600 /]

Read more on…Jeffery Stephan


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



Posted in conspiracy, CONTROL FRAUD, FDLG, florida default law group, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, fraud digest, Lynn Szymoniak ESQ, note, robo signers, stopforeclosurefraud.com, TrustsComments (2)


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