Action Date: January 1, 2012
Location: Maui, HI
On January 2, 2012, Wells Fargo Bank and American Home Mortgage Servicing, Inc. (“AHMSI”) will attempt to force the Tehiva/Phillips family from their family home on 5305 Hana Highway in Maui, Hawaii. This has been the family home for over 100 years.
Wells Fargo is acting as the Trustee for an RMBS Trust, Soundview Home Loan Trust 2007-OPT2. AHMSI is acting as the servicer for the trust.
Wells Fargo and AHMSI have relied on a fraudulent Mortgage Assignment in this foreclosure eviction.
The Assignment is dated June 24, 2010 and was signed by Kathy Smith in Duval County, Florida. Smith purports to be a corporate officer (Assistant Secretary) of Sand Canyon Corporation.
Kathy Smith is not and has never been employed by Sand Canyon Corporation; she is actually employed by AHMSI in its Jacksonville, FL (Duval County) office.
On Hillsborough County, FL, document 2010350478, Kathy Smith swore she was an employee of AHMSI on October 1, 2010.
On Hillsborough County, FL document 20100057228, Kathy Smith swore she was Assistant Secretary of AHMSI on February 8, 2010.
In the Memorandum Decision of the Bankruptcy Court for the District of Arizona in the matter of the bankruptcy of Anthony Tarantola, Case No. 4:09-bk-09703-EWH, Kathy Smith is referred to on Page 5, lines 8-9, as the Assistant Secretary of AHMSI.
To aid in foreclosures, Kathy Smith has used all of the following different job titles:
• Assistant Secretary and Vice President, Ameriquest Mortgage Company (February 3, 2010);
• Assistant Secretary and Vice President, Citi Residential, Inc., Attorney-in-Fact for Ameriquest Mortgage Company (April 12, 2010);
• Attorney-in-Fact, Argent Mortgage Corporation (January 13, 2010);
• Assistant Secretary, Citibank, N.A., as Trustee for American Home Mortgage Asset Trust 2006-3 Mortgage-Backed Pass-Through Certificates, Series 2006-3; (January 13, 2010);
• Assistant Secretary, Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2006-3, Mortgage-Backed Notes, Series 2006-3 (January 13, 2010);
• Attorney-in-Fact, New Century Mortgage Corporation (January 19, 2010);
• Assistant Secretary, Sand Canyon Corporation f/k/a Option One Mortgage Corporation (April 12, 2010)
• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for American Brokers Conduit (February 25, 2010);
• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for American Home Mortgage (February 18, 2010);
• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for American Home Mortgage Acceptance (January 25, 2010);
• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for Beazer Mortgage Corporation (January 13, 2010);
• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for HomeBanc Mortgage Corporation (January 11, 2010); and
• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for Taylor, Bean & Whitaker Mortgage Corporation (May 7, 2010).
The President of Sand Canyon Corporation, Dale M. Sugimoto, submitted a sworn Declaration signed on March 18, 2009, stating that Sand Canyon Corporation did not own or service any residential real estate mortgages. Despite this sworn statement of the company president, the Assignment in the Tehiva/Phillips foreclosure has Kathy Smith, purporting to act as an officer of Sand Canyon, to transfer the Tehiva/Phillips mortgage to the Soundview Trust. The Sugimoto Declaration was submitted in bankruptcy court for the Eastern District of Louisiana, New Orleans Division, as document 52-3, in the case of Ron Wilson, Case No. 10-51328.
Kathy Smith is also not listed as an officer of Sand Canyon Corporation in the Florida corporate records, nor did Sand Canyon have offices in Florida, where the Assignment was notarized.
The closing date of the Soundview Trust 2007-OPT2 was July 10, 2007. The trust was not authorized to acquire mortgages after this date; and certainly was not authorized to ever acquire any non-performing mortgages.
For all of the reasons set forth above, Wells Fargo and AHMSI should immediately cease their attempts to seize the Tehiva/Phillips home. Wells Fargo should be required to produce Kathy Smith in court in Hawaii and to produce the records of the trust showing that the trust acquired the Tehiva/Phillips mortgage in 2010 as represented by Smith.