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FULL DEPOSITION TRANSCRIPT OF AURORA BANK FSB ASST. VICE PRESIDENT NEVA HALL

FULL DEPOSITION TRANSCRIPT OF AURORA BANK FSB ASST. VICE PRESIDENT NEVA HALL


Read With Care… because almost all banks/servicers use the same LPS – Fidelity systems. :)

6 Q Tell me about the actual act of signing these
7 affidavits. When you received them from the person who
8 distributes the documents, would they come to you in
9 physical form?
10 A Yes.
11 Q Okay. And would there be one or a stack of
12 them, or how would they come to you?
13 A It could be either.
14 Q Okay. Was it more common than not to get more
15 than one?
16 A No.
17 Q Was there a certain time of day those would be
18 delivered to you?
19 A I usually got them in the morning.
20 Q Would the notary be right there with you?
21 A No.
22 Q Where was the notary?
23 A On the same floor, in the same area.
24 Q So the notary would not watch you sign the
25 document?

1 A No.

[...]

20 Q Tell me about the LPS Fidelity system. Is
21 that one system or are those — is that one title for
22 the same system?
23 A Actually, LPS owns or has both systems. They
24 have the Fidelity system and the LPS desktop management
25 system.

1 Q And in your course of sending affidavits
2 sometimes you would consult both of those or one of
3 those?
4 A Yes. Primarily the — our system of record.
5 Q The desktop?
6 A No.
7 Q Or the Fidelity?
8 A The Fidelity.
9 Q What can you tell me about the Fidelity
10 system? Does that have the entire payment history?
11 A Yes.

[...]

10 Q Would Fidelity have — besides the full
11 payment history, what other kinds of things would be on
12 the Fidelity system?
13 A The date the note was signed, the origination
14 balance, the principal balance, the date of default –
15 or actually the contractual due date because it’s not
16 always defaulted.
17 Q Anything else?
18 A In bankruptcy we had to post petition due
19 date; the contractual payment and any pending payment
20 changes; the escrow information.
21 Q What about servicing notes, would that be on
22 the Fidelity system?
23 A Yes.
24 Q Now, besides those, anything else?
25 A Yeah, there’s a lot of information on

1 Fidelity. I wouldn’t be able to name it all.
2 Q You said Fidelity contains the date the note
3 was signed; is that right?
4 A Yes.
5 Q Does it contain actual copies?
6 A Not in Fidelity, no.
7 Q Okay. So, in other words, so we are clear,
8 you wouldn’t click on Fidelity to look at a copy of the
9 note; is that right?
10 A No. We have a different system that does
11 that.

[...]

4 Q Okay. What’s in the LPS desktop management
5 system?
6 A Communication to the law firms.

[...]

19 Q Okay. Besides correspondence and besides the
20 milestones, anything else on the LPS desktop management
21 system?
22 MR. ELLISON: Object to the form.
23 You can answer.
24 MR. ZACKS: What’s wrong with the form?
25 MR. ELLISON: She didn’t say, correspondence.

1 She said, communications to law firms.
2 BY MR. ZACKS:
3 Q You can answer.
4 A Yeah, they have documents in that — either
5 documents from us or we would get documents from them
6 through LPS.
7 Q From?
8 A The law firm.
9 Q And by “law firm,” you’re talking about
10 outside foreclosure counsel; is that right?
11 A Correct.
12 Q Or could it be any other kind of counsel, or
13 bankruptcy counsel?
14 A Yes.

[...]

9 Q On the Fidelity system, you said that would
10 contain all the payment records, right?
11 A Yes.
12 Q Would that contain payment records from
13 previous servicers, if there were any?
14 A I don’t think so.
15 Q Where would those records be?
16 A They are in a separate — they’re stored
17 separately.
18 Q Is it a separate database system?
19 A Yeah.
20 Q Okay.
21 A Yes.
22 Q What’s that?
23 A I think it’s called Doctrak.
24 Q Doctrak?
25 A D-O-C-T-R-A-K.

[...]

1 Q In your course of signing affidavits of
2 indebtedness, did you ever review the Doctrack system?
3 A No.
4 Q Who is in charge of maintaining the Doctrack
5 system?
6 A I don’t know.
7 Q Who is in charge of the standards in audits
8 for the Doctrak system?
9 A I don’t know.

[...]

24 Q Do you receive anything else from Amber,
25 besides the affidavit itself?

1 A Receive any?
2 Q Sure. She drops off an affidavit on your
3 desk, right?
4 A Yes.
5 Q Is there anything else, along with that
6 affidavit, that she would normally drop off for you?
7 A I don’t understand what you’re asking me. I
8 don’t know what –
9 Q Sure. Would she drop off, you know, the
10 origination file attached to the affidavit, or –
11 A No.
12 Q Would there be anything attached to that
13 affidavit?
14 A Sometimes the — no. I would just be
15 speculating. I don’t remember.
16 Q Along with the affidavit, would there be any
17 specific instructions for you to sign or review or
18 anything like that?
19 A No.
20 Q Just the affidavit itself?
21 A Yes.

[...]

10 Q Okay. And did you — and you’ve already said
11 you wouldn’t check to see if Fannie Mae or Freddie owned
12 that loan, right?
13 A No.
14 Q Okay. Would you check to see if anybody else
15 owned that loan?
16 A No.
17 Q Do you know if anyone did?
18 A I don’t know.
19 Q Did you ever verify a complaint that had a
20 count that said a note was lost?
21 A Yes.
22 Q Okay. And did you look for the note yourself?
23 A No.
24 Q Did you talk to anyone about looking for the
25 note?

1 A No.
2 Q What did you do to verify that a note was lost
3 or misplaced?
4 A Not usually anything.

[...]

7 Q You don’t need special permission to see who
8 the owner or investor is, right?
9 A Correct.
10 Q Would you look at any internal servicing
11 records to determine who the owner or investor was prior
12 to signing affidavits of indebtedness?
13 A Not always, no.
14 Q Okay. Ever?
15 A I can’t say.

Click PDF to Continue to the Full Deposition

Down Load PDF of This Case

Want to know what LPS does when they have the wrong entity? Read The Internal Leaked Emails

 

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Abigail C. Field: Assessing Schneiderman’s Task Force Gamble

Abigail C. Field: Assessing Schneiderman’s Task Force Gamble


Abigail Field-

My latest for FireDogLake. For even more confirmation that the Feds aren’t interested in bank accountability, regardless of the State half of the task force’s intentions, see Congressman Brad Miller on why he’s not the task force Executive Director and Richard Eskow on the obviousness of the problem. 

As people increasingly realize that the mortgage settlement was an enforcement fraud, attention’s turned to the “new“ joint Federal/State task force that’s supposed to make the settlement into a “down payment,” by delivering much more. And so far people don’t like what they see, and are saying so. What’s striking about the resulting PR push back, however, is that it just highlights how banker-fraud-friendly our federal government is.

For example, Attorney General Eric Schneiderman penned a Daily News Op-Ed in which he pitches “More than 50 attorneys, investigators and analysts have already been deployed to support our investigations, with many more on the way” as somehow adequate to deliver on that “down payment” promise when the Savings and Loan crisis took over 1,000 and Enron alone took over 100. Not only hasn’t the federal government corroborated AG Schneiderman’s claim of “many more on the way”; “many more” than 50+ doesn’t sound like anywhere near the 1,000+ needed to approach the ballpark of accountability.

[REALITY CHECK]

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The Bankers’ Subversion of the Rule of Law, Notary and Land Records edition

The Bankers’ Subversion of the Rule of Law, Notary and Land Records edition


Abigail C. Filed-

Hi

For the next couple of weeks, I’m one of the David Dayen subs at FireDogLake–no one person could fill his shoes–and this post ran there earlier today. This version is slightly updated but essentially the same.

One way to see the double standard at the heart of the foreclosure fraud—one set of laws for the bailed out banks, one for the rest of us—is to focus on the role of notaries public, and then consider that role in light of what our Supreme Court said about notaries in 1984, in a case called Bernal v. Fainter, Secretary of State of Texas.

First, let’s recap the role of notaries in the foreclosure fraud crisis: Notaries are the people who verify that someone actually is who they say they are when that person signs a document. Because banks and their agents industrialized “Document Execution” as part of their foreclosure business model, notaries did not do their jobs. Notaries’ failure to verify identities has been so complete that many people will sign as one person, say, “Linda Green.” Notaries have also been told to sign documents using one name, and then notarize their own “surrogate” signature. “Well, what’s the big deal?” bank defenders say. Beyond the fact that there’s no “business convenience” exception to following the rule of law, consider Bernal.

Bernal involved Texas’s requirement that all notaries be citizens; lawful permanent resident aliens need not apply. Bernal challenged the Constitutionality for the citizenship requirement. To rule on the question, the Court had to consider what notaries did, and whether or not what notaries did was so political, so central to representative democracy, that limiting being a notary to citizens was rational. In finding that notaries were important but not political officers of the state, the Court made some observations of note.

[REALITY CHECK]

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Richard (RJ) Eskow: The White House And Mortgage Fraud: So Far It’s All Talk, No Action

Richard (RJ) Eskow: The White House And Mortgage Fraud: So Far It’s All Talk, No Action


HuffPO-

The Obama Administration worked for months on a deal that would have let America’s biggest banks off the hook for a crime wave of runaway mortgage fraud. All they had to do in return was pledge a negligible sum of money, to be paid by their shareholders and not themselves, and which they would dispense themselves. In return, crooked bankers received immunity from prosecution – and even from investigation.

After the deal came under attack from a number of its allies, the Administration settled with the banks anyway. But it promised millions of wronged homeowners – and the nation as a whole – that it would move “aggressively” to investigate criminal misdeeds and prosecute bankers and anyone else who broke the law.

That was then, this is now. Two and half months later the Administration hasn’t even started to take the inadequate steps it promised it would take. The clock is running out on the statute of limitations and there’s no sign that the Administration has lifted a finger to investigate criminal bankers.

Talk vs. Action …

[HUFFINGTON POST]

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Obama’s mortgage unit is AWOL … NY AG Eric Schneiderman should quit this fraud

Obama’s mortgage unit is AWOL … NY AG Eric Schneiderman should quit this fraud


What we have learned so far: Whenever dealing with the banks and or with the government, they are from the same mold. We cannot tell any difference.

This “mortgage task force group” thing is also NO Different than that MERS system…There are no employees!

NY Daily News-

On March 9 — 45 days after the speech and 30 days after the announcement — we met with Schneiderman in New York City and asked him for an update. He had just returned from Washington, where he had been personally looking for office space. As of that date, he had no office, no phones, no staff and no executive director. None of the 55 staff members promised by Holder had materialized. On April 2, we bumped into Schneiderman on a train leaving Washington for New York and learned that the situation was the same.

Tuesday, calls to the Justice Department’s switchboard requesting to be connected with the working group produced the answer, “I really don’t know where to send you.” After being transferred to the attorney general’s office and asking for a phone number for the working group, the answer was, “I’m not aware of one.”

The promises of the President have led to little or no concrete action.

Read more:  [NY DAILY NEWS]

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Abigail Field: Hiding the Enforcement Fraud At the Heart of the Mortgage Settlement

Abigail Field: Hiding the Enforcement Fraud At the Heart of the Mortgage Settlement


Abigail C. Field-

On Thursday, April 5th U.S. District Court Judge Rosemary M. Collyer announced she had decided to sign off on the ”$25 billion” Mortgage Settlement. By “announced”, I mean she signed the consent orders all our major law enforcers and the biggest bankers had agreed to, and entered them into the record. Judge Collyer didn’t actually say anything about the deal. She didn’t let anyone else say anything, either: she didn’t hold a public hearing on the deal.

In acting silently, Judge Collyer not only okayed the deal’s lousy terms, which institutionalize servicer theft and foreclosure fraud, she reinforced the incredibly poor public process that’s kept the enforcement fraud at the heart of the deal hidden. Deliberately hidden.

Magical Misdirection

To understand just how deceptive “our” government and “our” law enforcers have been with us

[REALITY CHECK]

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[VIDEO] Shaun Donovan on the Foreclosure Fraud Settlement & Wish Wash

[VIDEO] Shaun Donovan on the Foreclosure Fraud Settlement & Wish Wash


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BREAKING: The $25B Foreclosure Fraud settlement has been approved by U.S. District Judge Rosemary Collyer.

BREAKING: The $25B Foreclosure Fraud settlement has been approved by U.S. District Judge Rosemary Collyer.


Via

Nothing from the consent judgment entered into court in the $25B foreclosure settlement may constitute “evidence against Defendant.”

WSJ-

The settlement was announced in February and filed in court as a consent judgment last month. Judge Rosemary Collyer approved the landmark settlement on Wednesday. The signed order was filed in U.S. District Court for the District of Columbia.

The pact will offer reductions in loan principal and other assistance to qualifying homeowners. The largest portion of the aid, valued at $17 billion, goes to borrowers at risk of foreclosure. Banks will pay $5 billion in fines, including nearly $1 billion to the Federal Housing Administration.

[WALL STREET JOURNAL]

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Review Finds Possible Flaws in More Than 138,000 Bank Foreclosures

Review Finds Possible Flaws in More Than 138,000 Bank Foreclosures


Not this word again “Flaw”…it’s FULL   B L O W N   FRAUD!

Why wasn’t this review done prior to any settlement? Because they never began any investigation.

DealBook-

The nation’s biggest banks may have put the huge $25 billion settlement over bad foreclosure practices behind them, but that doesn’t mean their mortgage troubles are over.

A separate review — this time by independent consultants on behalf of the Office of the Comptroller of the Currency — flagged more than 138,000 cases for possible flaws in the foreclosure process at the nation’s largest mortgage servicers. Those include foreclosures involved with the so-called robo-signing scandal, in which bank representatives churned through hundreds of documents a day in foreclosure proceedings without reviewing them for accuracy.

[DEALBOOK]

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Hiring Title Examiner | LSI – A Lender Processing Services, Inc. (LPS) Company

Hiring Title Examiner | LSI – A Lender Processing Services, Inc. (LPS) Company


Are these going to be the docs they signed at DOCX, LPS, NTC and most using MERS…in other words anything that was signed by 20,000!

Is this even permitted by the PSA’s?

LinkedIn-

Job Description

Title Examiner

 Description

 Reviews residential titles and their documentation in a timely and thorough manner, per Company standard operating procedures. Emphasis will be on verifying that the information in the title search and accompanying documentation is accurate and complete, thereby providing an accurate and complete foreclosure report/title product for our attorney/client database. Key functions will include resolving problems relating to missing, incomplete, inaccurate or contradictory information contained in the title or accompanying documentation, in addition to communicating effectively and in a proactive manner with our clients so issues regarding the title will be resolved.

[LinkedIN]

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Naked Cap: There Will Be Cheating: Another Gift to Big Banks Hidden in Obama’s Principal Reduction Strategy

Naked Cap: There Will Be Cheating: Another Gift to Big Banks Hidden in Obama’s Principal Reduction Strategy


Be sure to catch the remarks about LPS. Insane in the Membrane!

Naked Capitalism-

If you ask a homeowner who has tried to get a government-certified mortgage modification from a bank, half the time you’ll hear a story of lost paperwork, incompetence, and interminable phone calls to call centers with unhelpful staffers. Recent foreclosure mitigation programs designed by the government are not merely poorly conceived, they are poorly implemented.  In discussing principal write-downs, one must take this into account. Who is going to do the writing down?  Who will be eligible?  What about homes with second mortgages?  Most importantly, is there a good database that can match those second mortgages to first mortgages?

The Government Accountability Office has shown, as recently as March of 2011 that there are serious operational problems with the second lien write-down program implemented by Treasury to date.  Bluntly speaking, the GAO reports, Fannie doesn’t have the computer systems and quality databases to match second mortgages with first mortgages.

[NAKED CAPITALISM]

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Abigail C. Field: Our Government Blessed Foreclosure Fraud

Abigail C. Field: Our Government Blessed Foreclosure Fraud


Abigail C. Field-

The mortgage settlement signed by 49 states and every Federal law enforcer allows the rampant foreclosure fraud currently choking our courts to continue unabated. Yes, I realize the pretty language of Exhibit A promises the banks will completely overhaul their standard operating procedures and totally clean up their acts. Promises are empty if they’re not honored, and worthless if not enforceable.

We know Bailed-Out Bankers’ promises are empty, so what matters is if the agreement is enforceable. And when it comes to all things foreclosure fraud, the enforcement provisions are laughable. But before I detail why, let’s be clear: I’m not being hyperbolic. The bankers running and profiting most from our bailed-out banks are totally dishonest when dealing with the public, and their promises are meaningless.

To see their dishonesty in the mortgage context, read the complaint filed in the mortgage deal, or my take on it here. But the bankers don’t limit their lying, cheating and stealing to homeowners. They abuse their clients the same way. Most broadly damaging, the bankers steal from taxpayers on a federal, state and local level and practically everybody else too. Fraud is just how they do business. When dealing with bankers, you can’t do business on a handshake.

[REALITY CHECK]

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Special News Alert from Register of Deeds John L. O’Brien: O’Brien requests DOR file legal action against “Fannie Mae” and “Freddy Mac”

Special News Alert from Register of Deeds John L. O’Brien: O’Brien requests DOR file legal action against “Fannie Mae” and “Freddy Mac”


 

 

 

Special News Alert from Register of Deeds John L. O’Brien

 

Southern Essex District Register John O’Brien requests the Department of Revenue file

  legal action against “Fannie Mae” and “Freddy Mac”

 

Contact: Kevin Harvey 1st Assistant Register

 978-542-1724

 kevin.harvey@sec.state.ma.us

Southern Essex District Register of Deeds John O’Brien today is asking the Massachusetts Department of Revenue to file legal action against mortgage giants Federal National Mortgage Association (“Fannie Mae”) and Federal Home Loan Mortgage Corporation (“Freddy Mac”) for their failure to pay deeds excise tax, on property transfers in Register O’Brien’s District. According to O’Brien his district alone is owed approximately $4.2 Million.  O’Brien was notified late Friday that a United States District Judge in Michigan concluded that Fannie Mae and Freddy Mac were not entitled to an exemption from excise taxes in Michigan.  The Michigan Court cited numerous cases; two of significant interests were a 2011 Nevada case involving Countrywide Home Loans and 1988 United States Supreme Court case involving Wells Fargo Bank. In Nevada, the Court concluded that Fannie Mae was essentially a privately owned mortgage banker and not a federal instrumentality for tax purposes. In the Wells Fargo Case, the United States Supreme Court concluded that a transfer tax is a form of excise tax and are not direct taxes.  The Supreme Court decided that direct taxes were exempt, however transfer taxes were not.

According to O’Brien, since 1991 Fannie Mae and Freddy Mac have been involved in property transfers with total sales values of over $920 Million Dollars in his district.  These transactions would have generated close to $4.2 Million Dollars in tax revenue to the Commonwealth for his district alone had Freddy Mac and Fannie Mae paid the excise tax rather then claiming exemptions. If a private citizen or corporation sells a piece of Massachusetts real estate, they are required to pay a deeds excise tax of $4.56 per thousand dollars of the purchase price, however Fannie Mae and Freddy Mac pay nothing.   Certain tax exemptions are given to governmental entities, however O’Brien points out that Fannie Mae and Freddy Mac although originally created as government entities are now publicly traded companies owned by investors.  O’Brien notes that these private corporate entities that have shareholders and are paying their top executives millions of dollars in salaries and bonuses are wrongfully claiming the excise tax exemptions. “This lost revenue goes a long way in providing key services for the people of Massachusetts.  The message in our Commonwealth to all those that think that they can circumvent the system should be loud and clear; pay like everyone else, or deal with the consequences.”

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John O’Brien, Essex official wants to sue over mortgage mess

John O’Brien, Essex official wants to sue over mortgage mess


Common Wealth Magazine-

John O’Brien is a national folk hero to anti-foreclosure activists. The Southern Essex Register of Deeds has garnered national attention by accusing big banks of acting like a “criminal enterprise.” After an audit revealed widespread flaws in banks’ handling of mortgage paperwork, O’Brien likened his Salem registry to a crime scene.

So when a New York law firm began soliciting local registries to join a class action lawsuit against an embattled mortgage clearinghouse, O’Brien should’ve been the first to sign on. He wasn’t. O’Brien was told he didn’t have the authority to join the effort. Deed registries in Norfolk, Bristol, and Plymouth counties are now pushing ahead with the case, while O’Brien is left standing on the sidelines.

O’Brien’s inability to sue over mortgage paperwork filed in his own registry highlights a quirk in Massachusetts state government. The state eliminated most of its county governments more than a decade ago, even as it retained some of the trappings of county government. District attorneys and sheriffs are still elected at the county level, for example, but they’re funded by the state. The consolidation of county governments also left the state’s 21 registries of deeds intact.

[COMMON WEALTH MAGAZINE]

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John Walsh: Foreclosure settlement, consent orders do not conflict

John Walsh: Foreclosure settlement, consent orders do not conflict


Lets not confuse the word “Flaw” with “Fraud”…There is a major difference!

HW-

John Walsh, acting Comptroller of the Currency, said the recent $25 billion mortgage servicing settlement reached between the big banks and state attorneys general does not conflict or double-up on requirements servicers have to follow in consent agreements banks signed with the OCC and other regulators last year. 

In 2010, regulators, including the OCC, examined 14 large federally regulated mortgage servicers and thrifts.

Last year, the agencies issued enforcement orders against all 14 institutions forcing them to take steps to review their foreclosure review processes and to offer aid to borrowers who suffered from flawed foreclosure practices.

[HOUSING WIRE]

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AGs to consider investor protections in foreclosure settlement

AGs to consider investor protections in foreclosure settlement


LOL…according to Tom Miller.

Good Luck!

HW-

If the top five mortgage servicers begin to abuse bond investors under the foreclosure settlement write-downs, the attorneys general would consider some protections, according to Iowa AG Tom Miller.

Miller faced down banking executives and analysts during a panel at the REthink Symposium Thursday. The $25 billion settlement signed in March forces servicers to meet roughly $10 billion in principal reductions, which could swell higher because in some instances the full dollar written down will not be credited.

Servicers will get full credit for reducing principal on loans they hold on their own portfolio but receive 45 cents for every dollar written down on mortgages held in private securities.

“To try principal reduction in a targeted way and find out if it works is good for the housing market,” Miller said. “We know what (the banks’) plans are. Two have said they wouldn’t do write-downs on private securities. But we could have some discussions about something to reassure investors.”

[HOUSING WIRE]

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GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Chip Parker, www.jaxlawcenter.com
Jamie Ranney, www.NantucketLaw.pro
Kenneth Eric Trent, www.ForeclosureDestroyer.com
Damian Figueroa, South Florida Realtor, Real Estate Agent
Susan Chana Lask, www.appellate-brief.com

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