By Lynn E. Szymoniak, Esq., Ed. Fraud Digest, May 6, 2010
CALIFORNIA – ORANGE COUNTY
Carrington Mortgage Services, LLC
Tom Croft and others
CALIFORNIA – SAN DIEGO COUNTY
Chase Home Finance
FLORIDA – BROWARD COUNTY
Patricia Arango, Caryn Graham and others
Law Offices of Marshal Watson
FLORIDA – BROWARD COUNTY
Cheryl Samons, Beth Cerni and others
Law Offices of David Stern
FLORIDA – DUVAL COUNTY
Lender Processing Services
Valerie Broom, Margaret Dalton, Michele Halyard, Michael Hunt, Joseph
Kaminsky, Kathy Smith, Coleman Stokes and others
FLORIDA- HILLSBOROUGH COUNTY
Florida Default Law Group or Law Offices of Daniel Consuegra
FLORIDA – PALM BEACH COUNTY
Ocwen Loan Servicing
Scott Anderson, Oscar Taveras, Doris Chapman, Jonathan Burgess, Laura
Buxton and others
FLORIDA – PINELLAS COUNTY
Nationwide Title Clearing
Bryan Bly, Vilma Castro, Dhurato Doko, Jessica Fretwell and others
GEORGIA – FULTON COUNTY
Lender Processing Services
Linda Green, Korell Harp, Jessice Ohde, Linda Thoresen, Tywanna Thomas,
Cheryl Thomas, Christie Baldwin and others
MINNESOTA -DAKOTA COUNTY
Lender Processing Services
Liquenda Allotey, Topeka Love, Christine Anderson, Christine Allen, Eric Tate
OHIO – FRANKLIN COUNTY
Chase Home Finance
Christina Trowbridge, Whitney Cook and others
PENNSYLVANIA – ALLEGHANY COUNTY
Home Loan Services, Inc.
PENNSYLVANIA – MONTGOMERY COUNTY
GMAC (and Homecomings Financial)
Jeffrey Stephan, John Kerr and others
SOUTH CAROLINA – YORK COUNTY
America’s Servicing Company
John Kennerty, China Brown and others
TEXAS – COLLIN COUNTY
BAC Home Loan Servicing, f/k/a Countrywide Home Loans Servicing, LP
TEXAS – DALLAS COUNTY (COPPELL, TX)
American Home Mortgage Servicing
TEXAS – HARRIS COUNTY
Litton Loan Servicing, LP
Marti Noriega, Denise Bailey, Diane Dixon and others
TEXAS – TARRANT COUNTY
Saxon Mortgage Services
TEXAS – TRAVIS COUNTY
IndyMac Bank Home Loan Servicing
Brian Burnett, Kristen Kemp, Suchan Murray, Chamagne Williams and others
TEXAS – WILLIAMSON COUNTY
IndyMac Bank (years after IndyMac Bank, F.S.B. ceased to exist, many of the signers will sign as officers of IndyMac Bank, F.S.B. (the entity that should have made the assignment to the trust years ealier)
Erica A. Johnson-Seck, Dennis Kirkpatick, Eric Friedman and others
UTAH
SALT LAKE COUNTY
Select Portfolio Servicing
Luisa Alfonso, Bill Koch and others
Many mortgage-backed securitized trusts are missing critical documents needed to foreclose – i.e., the mortgage assignment. An excellent discussion of this is found in the decision of Massachusetts Land Court Judge Keith Long reaffirming a 2009 ruling (Ibanez) that invalidated foreclosures on two properties because the lenders did not hold clear title to the properties at the time of the foreclosure sale. Mortgage assignments were a key issue in Ibanez, a case that involved ineffective assignments to the Trust. Judge Long noted:
…the plaintiffs’ own securitization documents required mortgage assignments to be made to the plaintiffs in recordable form for each and every loan at the time the plaintiffs acquired them. Surely, compliance with this requirement would (and certainly should) have been a priority for an entity issuing securities dependent on recoveries from loans, such as these, known from the start to have a higher than normal risk of delinquency and default. U.S. BANK, N.A. v. Antonio Ibanez, et al., Commonwealth of Massachusetts, Land Court Dept., 08 MISC 384283 (KCL).
This Ibanez decision and many others deal with the issue of mortgage assignments prepared years after the closing date of the trust, usually when the Trustee or mortgage servicer has realized that the Trust does not have the assignment needed to foreclose or has a defective assignment – such as one issued in blank, unsigned and undated.
Many trusts and servicers try to replace the missing assignments, often with assignments executed within a few months of the foreclosure – and in many cases even after the foreclosure is filed or the home is sold (in non-judicial foreclosure states). The date and place of the Assignment often reveals whether the Assignment is actually a “replacement” – issued years after the Trust closed, and even years after the original lender supposedly making the Assignment disappeared into bankruptcy.
The servicer rarely identifies itself and discloses that this is an attempt to replace a missing assignment. It is, therefore, very useful to know that Mortgage Assignments notarized in the counties above are more often than not replacement Assignments prepared by or on behalf of the Trusts – by the servicers for the Trust or document preparation companies working for the servicers, or even law firm employees working for the Trust.
Please send corrections/additions to szymoniak@mac.com.
The Duval County Clerk’s Office has offered online bidding for foreclosed properties for some time, and now Jacksonville-based Lender Processing Services is bringing bank-foreclosures all over the U.S. online.
Through its LPSAuctions.com Web site, LPS is to open bidding on single-family homes, condominiums and town homes from Coral Springs to Tacoma, Wash. The bid deadline for the homes listed in the “Spring Clearance” auction on the site is May 10.
So now it’s official they have they’re hands in all Real Estate! My question is how…why would any state permit them to sell anything if they are under the scope of the FEDS?? Take a look below.
Listen carefully it’s not only the sub-prime …it’s now those who called everyone in foreclosure a dead beat. Those “who” were living in glass houses shouldn’t throw stones because one might come bouncing back to shatter. We are now in this together so I welcome you with open arms and into a hug because I know you will need one.
If you’ve read, are reading, or plan to read Andrew Ross Sorkin’s Too Big To Fail, you also need to pick up a copy of Hank Paulson’s memoir, On The Brink. Sorkin has the bankers’ story, in sordid yet compelling detail, of how they received the most generous bailout in the world financial history during fall 2008 – and set us up for great problems to come. Paulson tells us why, when, and how exactly he let them get away with this.
Hank Paulson does not, of course, intend to be candid. As I review in detail on The New Republic’s The Book site this morning, On The Brink is actually a masterpiece of misdirection and disinformation.
But still, he gives it all away – and if any details remain obscure, check them in Sorkin. Paulson honestly believes that the financial sector as constructed is productive, makes sense, and should continue to operate in roughly its current form.
Whether or not Paulson really understands the functioning of big banks in the US today is an interesting question – for example he never mentions how they treated customers during the boom, and there is not one word about the need for greater consumer protection moving forward. On the other hand, perhaps this omission tells us that he understands the game all too well – and is keen for it to continue.
When speaking in generalities, it’s difficult for folks to understand what lawyer, judges and informed consumers are ranting about when we scream, “THE BANKS, LENDERS AND FORECLOSURE MILLS ARE COMMITTING FRAUD!”
I attach here a deposition transcript of Angela Melissa Nolan, a robo signer at Chase Home Finance. In the deposition, she describes in detail some of the corporate processes in place that purport to give pretender lenders the evidentiary basis to pursue foreclosure cases….I’ve called these people “Robo Signers” because prior depositions indicated they don’t read anything…they just sign. This deposition reveals another form of “Robo Signer”, a computer generated document, complete with a “real” signature scanned in…..and the rabbit hole just gets deeper and deeper.
C’mon take a few minutes to watch the video…I tell you it’s exactly what’s happening here!
In the past ten years, hundreds of thousands of residential mortgages were bundled together (often in groups of about 5,000 mortgages), and investors were offered the opportunity to buy shares of each bundle. This process is called securitization.
Each such bundle of residential mortgages was given a name, such as “Soundview Home Loan Trust 2006 OPT-2.” The name indicates information about the particular trust such as the year it was created (2006) and its contents (with OPT indicating that the loans in that particular trust were originally made by Option One Mortgage). Each such bundle/trust has a Cut Off Date identified in the trust documents (specifically, in the Pooling and Servicing Agreement). The Cut Off Date is the date on which all mortgage loans in the trust must be identified. In short, a final list of all of the mortgages in the bundle is set out. Each trust also has a Closing Date which is the date that the individual mortgages are transferred to the Trust Custodian, who must certify that for each mortgage, the custodian has a mortgage note endorsed in blank and proof that the ownership of the note has been transferred. This proof is most often an Assignment of Mortgage. Most trusts included the following or equivalent language regarding the Assignments: “Assignments of the Mortgage Loans to the Trustee (or its nominee) will not be recorded in any jurisdiction, but will be delivered to the Trustee in recordable form, so that they can be recorded in the event recordation is necessary in connection with the servicing of a Mortgage Loan.”
Title insurance companies issued policies guaranteeing that the trust had clear title to the mortgages.
When widespread defaults occurred, Trustees discovered that the laws regarding Mortgage Assignments varied significantly from state to state. Many issues regarding such Assignments were simply unresolved. One of the most significant issues was whether Mortgage Assignments could be back-dated or have retroactive effective dates. This issue arose because Trustees and their lawyers discovered in the foreclosure process that the Assignments could not actually be located, or that certain states did not allow blank Assignments.
To solve the problem of the missing Assignments, new Assignments were made and recorded. Because the question of retroactive Assignments had not been 2 resolved, most of these Assignments did not set forth the actual date that the Assignment took place. The Assignments were signed and notarized as if the transfer took place many years after the actual transfer date.
The Assignments were prepared by specially selected law firms and companies that specialized in providing “mortgage default services” to banks and mortgage companies. In jurisdictions with a high rate of mortgage defaults, over 80% of the filed Mortgage Assignments in the last three years were prepared and filed by the same five or six law firms and default processing companies.
In many states, two such Assignments were prepared and filed. The first was prepared in the name of Mortgage Electronic Registration Systems as “nominee” for the particular bank or mortgage company. When MERS authority to file foreclosures and Assignments was challenged in most jurisdictions, with varying results, a non-MERS Assignment was prepared as well.
In all of these cases, the Assignment was prepared to conceal the actual date that the property was acquired by the Trust. An examination of the Assignments filed showing the grantee as the Trust – such as “Soundview Home Loan Trust 2006 – OPT 2” – shows that most of these Assignments were prepared and filed in 2008 and 2009, when, in reality, the mortgages and notes were actually assigned – albeit defectively – prior to the closing date of the Trust. While the exact closing date can only be determined by looking at the trust documents, any Trust that includes the year in 2006 in its title most likely closed in 2006.
If a Mortgage Assignment is dated, notarized and filed in a year after the year set forth in the name of the grantee trust on the Assignment, it is actually an Assignment specially, and in many cases, fraudulently, made to facilitate foreclosures.
These Specially-Made Assignments have created havoc in the courts. In many cases, the Specially-made Assignments are dated After the foreclosure action has been initiated, making it appear that the Trust somehow magically knew prior to the assignment that it would acquire the defaulting property several months after the foreclosure action was initiated.
Repeatedly, courts have asked Trustees to explain why they were acquiring nonperforming loans and whether such acquisition was a violation of the trustee’s fiduciary duty to the Trust. No Trustee has ever come forth and explained that the Trust actually acquired the loan years before the Assignment. As a result, there are many decisions with observations similar to this observation made by Judge Arthur M. Schack of Kings County, New York, in HSBC Bank v. Valentin, 21Misc. 3d 1124 [A]:
Further, according to plaintiff’s application, the default of defendants Valentin and Ruiz began with the nonpayment of principal and interest due on January 1, 2007. Yet, four months later, plaintiff HSBC was willing to take an assignment of the instant nonperforming loan. The Court wonders why HSBC would purchase a nonperforming loan, four months in arrears?
And in Deautsche Bank National Trust Co. V. Harris, Judge ARTHUR M. SCHACK Kings, New York, Index No. 39192/2007 (05 FEB 2008):
Further, the Court requires an explanation from an officer of plaintiff DEUTSCHE BANK as to why, in the middle of our national sub-prime mortgage financial crisis, DEUTSCHE BANK would purchase a non-performing loan from INDYMAC…
In Massachusetts in October, 2009, Land Court Judge Keith Long reaffirmed a March, 2009, ruling that a lender cannot begin foreclosure proceedings before the lender has filed and recorded the Assignment, stating:
The blank mortgage assignments they possessed transferred nothing…in Massachusetts, a mortgage is a conveyance of land. Nothing is conveyed unless and until it is various agreements between the securitization entities stating that each had a right to an an assignment and they are certainly not in recordable form. U.S. Bank National Association v. Ibanez, Massachusetts Land Court Misc. Case No. 384283, consolidated with two other cases.
Many authors expect the Massachusetts Supreme Court to reverse the Ibanez decision, but the uncertainty itself, as in the case of the MERS challenges, caused lenders to flood recording offices with new Assignments.
In cases where the Trust failed to get a valid Assignment, the problem is complicated by the bankruptcy of the major loan originators, including American Home Mortgage, Option One Mortgage, and Countrywide Home Loans.
When these big mortgage companies filed for bankruptcy, they did not disclose the mortgages already sold to the trusts as assets, because the transfers occurred months and years prior to the bankruptcy filing. Years later, when the Assignments were required for foreclosures, a bankruptcy court’s permission was needed to Assign billions of dollars in mortgages. Most likely in fear that a Bankruptcy Judge would not rubber stamp such a request, no such permission has ever been sought.
In lieu of valid Assignments, Trusts continue to rely on Assignments specially made by their own law firms and mortgage default service companies. Eventually, these fraudulent Assignments are being discovered by Courts, and the foreclosing trusts required to prove that they own the Mortgage and Note in the foreclosure action without reliance on Assignments that misrepresent the date of the actual transfer to the Trust the authority of the signers of the bankrupt original lenders. For thousands of homeowners, this realization has come too late.
Whenever I get any mail from anyone I make it a point to save the envelope! Since all outgoing mail postage stamps are “created” by Pitney Bowes machines in-house (foreclosing law firms)…dates can simply be omitted, NO DATE and might have gone “Lost in the Mail” or take a long…long…long…long…time to arrive to you. Oh NO! WE JUST GOT FORECLOSED without any warning! I know when this is coming because I check my file but those of you who don’t …Take a look at what I mean before you end up in the streets. I am not certain what Pitney Bowes guidelines are but this might be wrong for anyone to do.
Not only are they post dating the assignments but the material inside the envelopes might be dated months before you get it …thanks to this new tactic!
WHO Would have thunk? This is why some are in the poe house…Some of do have morals.
The Short Sales and Bank Fraud story continues to gain traction. After CNBC aired the story we brought them, dozens of other media outlets, bloggers and authorities have contacted me to discuss this topic.
Here is the story of how this fraud initially
came to our attention, along with the evidence
to back it up.
Last year, I was contacted by an experienced real estate agent in our network who negotiates many short sales. She had recorded a conversation between her and a supervisor in the loss-mitigation department at a major national lender, who she felt was trying to get her to do something illegal.
Here is the audio of that recording, along with the transcript. The names have been removed at the request of the agent to prevent backlash from the bank.
Another “BOGUS” scenario of todays reality. Watch this video and listen with disgust how they describe how one tries… yes tries to survive in todays world! Heartless souls you are to make this ridiculous video. They speak of people living in tents, make use of abandoned homes etc…Obviously Senator Mike Bennett needs to stop by this blog to witness what really is happening to the “proud happy family” who once did live there to begin with!
QUIT TREATING US LIKE GARBAGE!
How about making good use of these homes and put homeless people in there! It’s obvious the mighty $$$$ are behind this scam, They fraudulantly sell these homes for half after they foreclose…So why not just cut the priciple in HALF??? Yup Something sure is not RIGHT.
IT SURE DIDN’T STOP YOU FROM
TRESPASSING EITHER!
By ROBERT NAPPER – rnapper@bradenton.com Buzz up!
MANATEE — A mounting crisis created by the record number of foreclosures in Manatee County has hit Jeannette Traylor right where she lives: An abandoned foreclosed home has brought blight, crime and fear into her neighborhood.
For Traylor, it is becoming harder and harder each day to remember what the home used to be: a quaint three-bedroom, two-bath house nestled in a Northwest Bradenton neighborhood filled with similar homes and families living the quiet life. But the home at 5504 Fourth Ave. NW now stands out.
Lets connect this Pyramid: Erica Johnson-Seck, Roger Stotts, Dennis Kirkpatrick. The Law Offices Of David J. Stern P.A. seem to have the same players by “virtue” hereof?
“WALLSTREET is our AMERICAN TERRORTIST”
What these people have done is no different than the 9/11 acts, they did not use planes
they used our homes to destroy us financially! They are killing us s..l..o…w..l..y!
This time the government is rewarding their behavior!
WE WILL NEVER FORGET 9/11
But…I thought he is an Attorney in Fact for IndyMac above? But Now VP for MERS?
COMPARE HIS SIGNATURES
I EVEN HAVE THEM SIGNING onbehalf of the FDIC!
They are in my stash will post when I find em’.
All three together as Attorney In Fact for OnesWest
Below is a sale that happened in DC all in 1 single day! I am still trying to understand it all.
HHHmmm more investigating….
So there you have it..I can show plenty more but it will take many years truthfully to put all the documents they signed all in one room!
This is a Must Read where ICE Legal from Palm Beach rips into Ms. Seck…
Picture says it all!
Here, Plaintiff and Plaintiff’s counsel misled the Court about the real party in interest in the case; and 2) engaged in extensive discovery abuse to obstruct revelation of the
known falsities in the complaint – a “flagrant abuse of the judicial process” worthy of severe sanctions. See Martin v. Automobili Lamborghini Exclusive, Inc., 307 F.3d 1332 (11th Cir. 2002). Dismissal for fraud is appropriate where “a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.” Cox v. Burke, 706 So.2d 43, 46 (Fla. 5th DCA 1998).
Yep you gone done it again…This time you messed with the WRONG assignments…MINE!!!
“A ex-employee of the Law Offices of David J. Stern of Plantation has contacted me, Bill Warner, in response to the article I posted on Monday, May 18, 2009, that followed up on the Tampa Tribune article of April 2008, (see above), it appears that what I had claimed about “sewer service” by ProVest LLC in Tampa Fl (working for the Stern law office) is just the tip of the iceberg.
It appears from this ex-employee of the Law Offices of David J. Stern of Plantation that ProVest, the process service company in Tampa, also had an office in the same building as the Law Offices of David J. Stern in Plantation and that “sewer service’ was done all the time and if needed Provest would pre-date the service of summons to make it appear that you had already been served and allow Stern to put your foreclosure case on a “rocket docket’ to get the house up for sale on the Court House steps (David J. Stern Law Office appears to have severed ties to Pro Vest).
Then the sales girls in the Stern office (a lot of the associate attorneys at the Stern Law firm have real estate licenses) would contact outside buyers and inform them of the exact time and date of the “court house steps sale” and tell the outside buyers what the correct amount to bid that would be approved by the bank and the court,(this is ”bid rigging”).
A recent hire by the Law office of David J. Stern is Attorney Vivien Leora Lurlene who also has a Real Estate Sales License in the State of Florida, I have no knowledge of her involvement in the ”bid rigging”or any other illegal activity at the Law Office of David J. Stern. These outside buyers contacted by the sales girls at the Stern Law office would resell these super low bargain houses purchaed on the Court House Steps for a profit and pay off the sales girls in the Stern Law office for the tip. “
It appears from this ex-employee of the Law Offices of David J. Stern of Plantation that she was told to make up false documents for Freddie Mac and Fannie Mae when they came around to check their Foreclosure files, she was also instructed to lie to the banks when they requested a chronology report which is the foreclosure time-line on a file, there appears to be Federal violations that would necessitate an FBI investigation, the ex-employee is afraid to talk.
Quarterly Revenues Increase 44% and YTD Revenues Increase 29% Year over Year
Law Offices Of David J. Stern ESQ, P.A….
PLANTATION, Fla., Feb. 9 /PRNewswire-FirstCall/ — DJSP Enterprises, Inc. (Nasdaq: DJSP, DJSPW, DJSPU), one of the largest providers of processing services for the mortgage and real estate industries in the United States, today announced financial results for the three and nine month periods ending September 30, 2009 for its recently acquired processing operations. The operating results discussed in this press release reflect the separate operations of the acquired business for the periods presented on an adjusted basis, each of which occurred prior to the closing of the Business Combination with Chardan 2008 China Acquisition Corp on January 15, 2010.
Processing Operations Third Quarter Financial Highlights
Revenue for the quarter increased 44% to $73.0 million from $50.6 million in last year’s comparable period. For nine months, revenue increased 29% year over year to $189.8 million.
Adjusted Net income was $10.4 million in the third quarter. For the nine month period, adjusted net income was $32.4 million or $1.65* per share.
Adjusted EBITDA for the third quarter was $16.4 million, and for the nine months was $50.7 million.
*Calculated using treasury stock method assuming a common share price of $8.14; Assumes 19.62 million shares outstanding; Assumes adjusted net income for nine months ended September 30, 2009 of $32.4 million.
Subsequent to Quarter End
Chardan 2008 China Acquisition Corp. closed its business combination with DAL Group, LLC on January 15, 2010 and changed its name to DJSP Enterprises, Inc. and its NASDAQ symbols to DJSP, DJSPU and DJSPW.
Continue reading HERE (NOTE: MSN took this article down off it’s site) HMMMMMMMM I smell FISH! go to the others below!
Lynn I am working on your YELLOW LAMBORGHINI… Question: What entity should I assign title to? If it is “TOTALLED” who should I vest title to after I SWAP out the VIN # onto another Car to? We can do this as many times as you like for a fee.
“This is no different to what these Banks are doing with the help of the MILLS.”
CHERYL SAMONS states in her DEPOSITION:
She is not a Paid Employee for MERS, Does not answer to ANY President, Any Supervisors…Heck she doesn’t even know where any offices are for MERS!!! BUT SHE DOES KNOW SHE IS AN ASSISTANT SECRETARY FOR MERS.
Many recall the BOGUS ASSIGNMENTS, FRAUDULENT MORTGAGE ASSIGNMENT TRANSFER VIDEOS I put out with the help from LYNN SZYMONIAK ESQ. of FraudDigest.com.
Lender Processing Inc. is the TIP of The Pyramid!! Please click the link to see their admission to this whole scheme of fraud in question. Big Brother has been watching!!! Anyone want shares NOW?? Goldman you just met with them 2/23…Heck your even worst! TOUCHÉ.
Regulatory Matters: Due to the heavily regulated nature of the mortgage industry, from time to time we receive inquiries and requests for information from various state and federal regulatory agencies, including state insurance departments, attorneys general and other agencies, about various matters relating to our business. These inquiries take various forms, including informal or formal requests, reviews, investigations and subpoenas. We attempt to cooperate with all such inquiries. Recently, during an internal review of the business processes used by our document solutions subsidiary, we identified a business process that caused an error in the notarization of certain documents, some of which were used in foreclosure proceedings in various jurisdictions around the country. The services performed by this subsidiary were offered to a limited number of customers, were unrelated to our core default management services and were immaterial to our financial results. We immediately corrected the business process and began to take remedial actions necessary to cure the defect in an effort to minimize the impact of the error. We subsequently received an inquiry relating to this matter from the Clerk of Court of Fulton County, Georgia, which is the regulatory body responsible for licensing the notaries used by our document solutions subsidiary. In response, we met with the Clerk of Court, along with members of her staff, and reported on our identification of the error and the status of the corrective actions that were underway. We have since completed our remediation efforts with respect to the affected documents. Most recently, we have learned that the U.S. Attorneys office for the Middle District of Florida is reviewing the business processes of this subsidiary. We have expressed our willingness to fully cooperate with the U.S. Attorney. We continue to believe that we have taken necessary remedial action with respect to this matter. continue reading …
“They messed up Title to Millions of Homes all over The US”
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