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Affidavits of Lost Assignments filed for Mortgage-Backed Trusts

Affidavits of Lost Assignments filed for Mortgage-Backed Trusts


By Fraud Digest

Mortgage Fraud

AFFIDAVITS OF LOST ASSIGNMENTS
Christina Carter
Linda Green
John Kennerty

Action Date: July 6, 2011
Location: West Palm Beach, FL

Is it perjury to submit a sworn affidavit to a Court that a Mortgage Assignment has been lost when there is absolutely no evidence that such Assignment ever even existed?

What if the affiant swears to know WHEN the non-existent Assignment was lost:

“Affiant’s investigation has revealed that the original unrecorded assignment of mortgage is lost or missing through no fault of the Assignee, although it appears Assignee was in possession of the instrument at the time it was lost or became missing.”

This exact statement – and many similar statements – appear in thousands of Affidavits of Lost Assignments – signed by Linda Green, John Kennerty and Christina Carter – employees of Lender Processing Services, America’s Servicing Company and Ocwen Loan Servicing.

These Affidavits are used in foreclosures to explain why mortgage-backed trusts should be allowed to foreclose even though the original lender never assigned the mortgages to the trusts.

Mortgage servicers continue to file these Lost Assignment Affidavits in 2011 – despite the many investigations and regulatory Consent Decrees.

How can you swear something was lost when it never existed? How can you swear as to the no-fault of a bank that is not even your employer?

Only robo-signers and mortgage servicers know for sure.


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



Posted in STOP FORECLOSURE FRAUDComments (0)

False Statements: Scott Anderson, Deutsche Bank National Trust Co., Law Offices of Marshall Watson, New Century Mortgage Corp., Ocwen Loan Servicing, LLC

False Statements: Scott Anderson, Deutsche Bank National Trust Co., Law Offices of Marshall Watson, New Century Mortgage Corp., Ocwen Loan Servicing, LLC


False Statements

Scott Anderson
Deutsche Bank National Trust Co.
Law Offices of Marshall Watson
New Century Mortgage Corp.
Ocwen Loan Servicing, LLC

Action Date: October 21, 2010
Location: St. Petersburg, FL

On October 21, 2010, in St. Petersburg, Florida, Circuit Court Judge Anthony Rondolino dismissed the plaintiff’s First Amended Complaint in a foreclosure action, Deutsche Bank National Trust Co., et al. v. Donnie J. Decker, et al., Case No. 09-20548-CI-13, 6th Judicial Circuit, in and for Pinellas County, Florida.

The complaint was brought by Deutsche Bank as trustee for a mortgage-backed trust, Morgan Stanley Dean Witter Capital, Inc., under a Pooling & Servicing Agreement dated May 1, 2001. The original complaint was dismissed due to chain-of-title problems.

The amended complaint included an Assignment from New Century Mortgage Corp. to the plaintiff that was executed on February 17, 2010 by Scott Anderson in his capacity as an Executive Vice President of Residential Loan Servicing for Ocwen Loan Servicing, LLC through its authority as Attorney-In-Fact for New Century Mortgage Corporation. Regarding this Assignment, Judge Rondolino commented as follows:

“There is nothing about this assignment which would support a determination at the pleading stage that it is invalid. On the other hand, should evidence be presented at a summary judgment hearing that New Century Mortgage Corporation, LLC became the subject of a bankruptcy proceeding which resulted in a liquidation order, the validity of this assignment would be called into question. Then, absent specific proof that Ocwen had authority from either the bankruptcy court or the liquidation trustee, this disposition of New Century’s (the debtor in bankruptcy) asset there would be a disputed material fact precluding a summary judgment. These concerns however are not ripe at this time…”

In closing, Judge Rondolino warned the plaintiff and its counsel, the Law Offices of Marshall Watson, that any new complaint must be verified, in accordance with the revised Florida Rules of Civil Procedure.

Judge Rondolino then warned very plainly, “If it is thereafter determined that the verification was not based on an appropriate investigation or that the allegations were false, the Plaintiff and the person who signed the verified complaint will be subject to sanctions which may include dismissal of the action with prejudice, assessment of fees and costs, monetary or incarcerative sanctions and referral to the State Attorney for prosecution pursuant to F.S. 837.”

Rondolino’s concerns arose in part because the Assignment came after the foreclosure action was filed. Plaintiff’s law firm is one of four law firms under investigation by the Florida Attorney General for using forged and fraudulent documents in foreclosure actions.

Scott Anderson of Ocwen has been named in foreclosure opinions of Brooklyn Judge Arthur M. Schack as an individual who signs using many different job titles. The trust in this case had a closing date in 2001, but according to the Anderson Assignment, acquired Decker’s non-performing loan in February, 2010. These same or similar facts have been presented in hundreds of foreclosure cases across the country.

Almost every major robo-signer, including Liquenda Allotey, China Brown, Linda Green, Alfonzo Greene, Korell Harp, Bethany Hood and John Kennerty have signed as Attorney-In-Fact for New Century Mortgage Corporation in 2009 and 2010 to transfer mortgages to securitized trusts that closed years earlier.

Judge Rondolino’s opinion lays a blueprint for other judges to follow when presented with mortgage assignments that appear to have been specially created to facilitate foreclosures. It is the first opinion in Florida to warn of possible “incarcerative sanctions.” (Five different versions of the “Scott Anderson” signature are posted in the “Pleadings” section of this web site.)

~


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



Posted in STOP FORECLOSURE FRAUDComments (2)

FULL DEPOSITION OF WELLS FARGO HERMAN JOHN KENNERTY

FULL DEPOSITION OF WELLS FARGO HERMAN JOHN KENNERTY


Hat tip to Brian Davis for this deposition below.

JOHN KENNERTY a/k/a Herman John Kennerty has been employed for many years in the Ft. Mill, SC offices of America’s Servicing Company, a division of Wells Fargo Bank, N.A. He signed many different job titles on mortgage-related documents, often using different titles on the same day. He often signs as an officer of MERS (“Mortgage Electronic Registration Systems, Inc.”) On many Mortgage Assignments signed by Kennerty, Wells Fargo, or the trust serviced by ASC, is shown as acquiring the mortgage weeks or even months AFTER the foreclosure action is filed.

[ipaper docId=38977273 access_key=key-rgquasqbys0hxg420t8 height=600 width=600 /]

RELATED:

MAESTRO PLEASE…AND THE WINNER OF THE “MOST JOB TITLES” CONTEST IS…


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



Posted in assignment of mortgage, foreclosure, foreclosure fraud, herman john kennerty, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., wells fargoComments (1)

MAESTRO PLEASE…AND THE WINNER OF THE “MOST JOB TITLES” CONTEST IS…

MAESTRO PLEASE…AND THE WINNER OF THE “MOST JOB TITLES” CONTEST IS…


JOHN KENNERTY, a/k/a HERMAN JOHN KENNERTY

JOHN KENNERTY a/k/a Herman John Kennerty has been employed for many years in the Ft. Mill, SC offices of America’s Servicing Company, a division of Wells Fargo Bank, N.A. He signed many different job titles on mortgage-related documents, often using different titles on the same day. He often signs as an officer of MERS (“Mortgage Electronic Registration Systems, Inc.”) On many Mortgage Assignments signed by Kennerty, Wells Fargo, or the trust serviced by ASC, is shown as acquiring the mortgage weeks or even months AFTER the foreclosure action is filed.

Titles attributed to John Kennerty include the following:

Asst. Secretary, MERS, as Nominee for 1st Continental Mortgage Corp.;

Asst. Secretary, MERS, as Nominee for American Brokers Conduit;

Asst. Secretary, MERS, as Nominee for American Enterprise Bank of Florida;

Asst. Secretary, MERS, as Nominee for American Home Mortgage;

Asst. Secretary, MERS, as Nominee for Amnet Mortgage, Inc. d/b/a American Mortgage Network of Florida;

Asst. Secretary, MERS, as Nominee for Bayside Mortgage Services, Inc.;

Asst. Secretary, MERS, as Nominee for CT Mortgage, Inc.;

Asst. Secretary, MERS, as Nominee for First Magnus Financial Corporation, an Arizona Corp.;

Asst. Secretary, MERS, as Nominee for First National Bank of AZ;

Asst. Secretary, MERS, as Nominee for Fremont Investment & Loan;

Asst. Secretary, MERS, as Nominee for Group One Mortgage, Inc.;

Asst. Secretary, MERS, as Nominee for Guaranty Bank;

Asst. Secretary, MERS, as Nominee for Homebuyers Financial, LLC;

Asst. Secretary, MERS, as Nominee for IndyMac Bank, FSB, a Federally Chartered Savings Bank (in June 2010);

Asst. Secretary, MERS, as Nominee for Irwin Mortgage Corporation;

Asst. Secretary, MERS, as Nominee for Ivanhoe Financial, Inc., a Delaware Corp.;

Asst. Secretary, MERS, as Nominee for Mortgage Network, Inc.;

Asst. Secretary, MERS, as Nominee for Ohio Savings Bank;

Asst. Secretary, MERS, as Nominee for Paramount Financial, Inc.;

Asst. Secretary, MERS, as Nominee for Pinnacle Direct Funding Corp.;

Asst. Secretary, MERS, as Nominee for RBC Mortgage Company;

Asst. Secretary, MERS, as Nominee for Seacoast National Bank;

Asst. Secretary, MERS, as Nominee for Shelter Mortgage Company, LLC;

Asst. Secretary, MERS, as Nominee for Stuart Mortgage Corp.;

Asst. Secretary, MERS, as Nominee for Suntrust Mortgage;

Asst. Secretary, MERS, as Nominee for Transaland Financial Corp.;

Asst. Secretary, MERS, as Nominee for Universal American Mortgage Co., LLC;

Asst. Secretary, MERS, as Nominee for Wachovia Mortgage Corp.;

Vice President of Loan Documentation, Wells Fargo Bank, N.A.;

Vice President of Loan Documentation, Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc.

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



Posted in chain in title, conflict of interest, conspiracy, CONTROL FRAUD, deed of trust, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, fraud digest, herman john kennerty, investigation, Lynn Szymoniak ESQ, MERS, MERSCORP, mortgage, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Notary, note, robo signer, servicers, trustee, Trusts, Wall StreetComments (3)


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