robo signers | FORECLOSURE FRAUD | by DinSFLA - Part 2

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CA and NV attorneys general announce “mortgage investigation alliance” Links resources. Both are non-judicial foreclosure states

CA and NV attorneys general announce “mortgage investigation alliance” Links resources. Both are non-judicial foreclosure states


December 06, 2011
For Immediate Release
Contact: (415) 703-5837

Attorneys General of California and Nevada Announce Mortgage Investigation Alliance

LOS ANGELES — Attorneys General Kamala D. Harris of California and Catherine Cortez Masto of Nevada today announced that their states have entered into a joint investigation alliance designed to assist homeowners who have been harmed by misconduct and fraud in the mortgage industry.

By forging this alliance, California and Nevada will combine investigative resources, including litigation strategies, information, and evidence gathered through their respective ongoing investigations, assisting each state as it pursues independent prosecutions.

This alliance will link the offices’ civil and criminal enforcement teams, speeding along the full, fair and adequate investigation of wrongdoing in the two states, which have experienced similar foreclosure and mortgage fraud crises.

“The mortgage crisis is a man-made disaster that has taken a heavy toll on the country, but it saved its worst for California and Nevada,” said California Attorney General Kamala D. Harris. “The mortgage crisis is a law enforcement matter, and we will prosecute to hold accountable those who are responsible and also protect the homeowners who are targeted for fraud. I am delighted that California and Nevada are entering into this alliance to leverage the best results for our investigations and look forward to forging similar collaboration with other states.”

“I am pleased to join forces with General Harris to fight against fraudulent mortgage and foreclosure practices that continue to devastate lives, homes, and the economy in Nevada and California,” said Nevada Attorney General Catherine Cortez Masto. “This strong partnership will allow our states to make an even more concerted effort to hold fraud perpetrators accountable and ensure law-abiding homeowners receive justice.”

By most objective measures, California and Nevada have been the states hardest hit by the nation’s foreclosure crisis. In October 2011, Nevada and California ranked first and second, respectively, for the percentage of their housing units that entered the foreclosure process, reflecting a parallel surge in foreclosures in the two states. One in every 180 Nevada properties entered the foreclosure process in October, and one in every 243 California homes received a filing that month. In 2010, California led the nation with a total of 546,669 foreclosure filings (4 percent of the state’s housing units), while Nevada led the nation with 9.4 percent of its homes receiving a foreclosure filing (totaling 106,160 units).

The crisis in these Western states is similar because both states share a foreclosure system in which a bank can foreclose on a borrower’s home without court oversight, also called “non-judicial foreclosure.” The collective result has created a rich opportunity for predators, leading both states to make mortgage-related law enforcement action a top priority.

In May 2011, Attorney General Harris formed a Mortgage Fraud Strike Force, now composed of nearly 40 attorneys and investigators, that has launched a wide series of investigations and litigation. The Mortgage Fraud Strike Force has instigated legal actions in cases including a fraudulent multi-million dollar “mass joinder” lawsuit operated by the law firm Kramer and Kaslow, and the arrests earlier this month of three top officers of a Stockton real estate company who took thousands of dollars in up-front loan modification fees and made false promises to assist struggling Central Valley homeowners with lowering their mortgage payments.

In 2007, Attorney General Masto formed the Nevada Mortgage Fraud Strike Force that launched a wide series of investigations and litigation into areas including violations of the law related to mortgage lending, servicing, and foreclosure practices and the creation, rating, marketing, sale, and management of mortgage backed securities. The Nevada Mortgage Fraud Strike Force has taken action against predatory “mortgage rescue” companies and individuals claiming to offer services to stop foreclosures. Last month, the Strike Force announced the indictments of Gerri Sheppard and Gary Trafford, who led a massive robo-signing scheme which resulted in the filing of tens of thousands of fraudulent documents. Nevada is also suing Bank of America and its subsidiaries, including Countrywide, for violations of a Consent Judgment for mortgage servicing and mortgage origination irregularities.

The Mortgage Investigation Alliance is the product of weeks of discussion between Attorneys General Harris and Masto regarding the most effective and efficient means of achieving justice for their respective states. Today’s announcement formalizes an agreement reached between the two officials last week.

# # #
source: http://oag.ca.gov
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3 Nevada notaries named in foreclosure fraud case

3 Nevada notaries named in foreclosure fraud case


All one has to do is read the following deposition below to understand how well orchestrated this enterprise was. Why no R.I.C.O.?

Deposition Transcript of DOCx, LPS CHERYL DENISE THOMAS

MercuryNews-

Nevada state prosecutors are accusing three more Nevada notaries of falsely attesting to signatures on foreclosure documents filed in a broad mortgage fraud scheme.

Attorney General Catherine Cortez Masto announced Monday that Meghan Shaw, Jennifer Lowe and Joseph Noel were each charged with one charge of notarizing a signature of a person not in their presence. Court records filed last Wednesday refer to Lowe as Jennifer Bloecker.

[ MERCURY NEWS]

Excerpts:

Beginning Pg. 33

that’s when they — well, upon us leaving
anyway, they took up our notary stamps and
everything and destroyed them. But I was
relieved of my duties once moved to
Gwinnett County.

Q. Who — who — I’m sorry, did I miss
that? Who destroyed those documents?

A. I can’t say exactly who destroyed
them. All I know is that Jeffrey
the supervisor in the signing room at that
times, he picked up everyone’s stamp, the
notaries’ stamps.

Q. He took your stamps?

A. He took our stamps. And — and
they were destroying them.

Q. How were they destroying them?

A. I don’t know how. He just said
they were picking up all the stamps, all
of the notary stamps. And they were going
to destroy them, because the company was
closing. And they were only suppose to be
used for that company.

Continue below…

[ipaper docId=51885547 access_key=key-2omhtmjy5z5l5nazqt36 height=600 width=600 /]

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Foreclosure Fraud Expert Marie McDonnell Commends Attorney General Martha Coakley’s Lawsuit Against Banks and MERS

Foreclosure Fraud Expert Marie McDonnell Commends Attorney General Martha Coakley’s Lawsuit Against Banks and MERS


Marie McDonnell, President of McDonnell Property Analytics, Inc., and a pioneer in exposing fraudulent and illegal practices in the mortgage industry through her forensic audits, today commends Attorney General Martha Coakley and her staff for filing a comprehensive lawsuit against Bank of America Corp., Wells Fargo & Co., J.P. Morgan Chase & Co., Citigroup, Ally Financial Inc., MERS and MERSCORP, Inc.

“Today, AG Coakley took strong and decisive action to enforce the rule of law and obtain meaningful
relief for Massachusetts consumers. As someone who has worked extensively with homeowners who
have faced the threat of foreclosure due to unforeseen circumstances such as illness and job loss, or
because they were intentionally victimized by these banks for profit motives, I feel it is imperative that
the banks be held responsible for the damage they have caused to people’s lives, their communities and
the Commonwealth at large. I applaud AG Coakley for having the courage to stand up to these rogues
and hold them accountable for what they have done, and I look forward to the relief and restitution that
this will bring families moving forward.”

McDonnell was tapped by John O’Brien, Register of the Essex Southern District Registry of Deeds in
Salem, to perform an in-depth forensic examination of assignments of mortgage recorded during 2010
to and from JPMorgan Chase Bank, N.A., Wells Fargo Bank, N.A., and Bank of America, N.A. to test the
transparency and integrity of his registry. The audit gained national attention and uncovered massive
fraud and defects in title, such as:

  • · Only 16% of all mortgage assignments examined are valid
  • · 75% of all assignments examined are invalid and 8.7% are questionable
  • · 27% of the invalid assignments are fraudulent, 35% are “robo-signed” and 10% violate the

Massachusetts Mortgage Fraud Statute.

  • · 683 assignments are missing, translating to approximately $180,000 in lost recording fees per

1,000 mortgages whose current ownership can be traced.

The audit also revealed the pervasive role of MERS in the mortgage industry:

  • · 46% of mortgages are MERS registered
  • · 47% are owned by Government Sponsored Enterprises (Fannie Mae, Freddie Mac, Ginnie Mae)
  • · Typically ownership of these mortgages is obscure

One little-known fact revealed by McDonnell’s audit is that when JPMorgan Chase Bank, N.A., Wells
Fargo Bank, N.A. and Bank of America, N.A. issue mortgage loans directly to consumers, they do not
register them into the MERS System. McDonnell also found that these banks do not record interim
assignments of mortgage and are in large part responsible for corrupting the chain of title in John
O’Brien’s registry.

McDonnell’s audit supports Attorney General Coakley’s allegations that these banks committed unlawful
foreclosures and engaged in deceptive practices.

McDonnell Property Analytics has and will continue to assist individual homeowners facing foreclosure
and the attorneys who represent them.

[ipaper docId=74648926 access_key=key-hy53up5vs4or89m2vcw height=600 width=600 /]

 

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CAPITAL STRIKE! GMAC stops mortgage lending in MA in response to AG lawsuit

CAPITAL STRIKE! GMAC stops mortgage lending in MA in response to AG lawsuit


SO WHAT WHO CARES… There are credit unions!

Mass AG: “In this state, banks must follow laws. It appears GMAC acknowledges it has a problem following those laws & being held accountable.”

WSJ-

GMAC Mortgage, the mortgage lender of Ally Financial Inc., is exiting the vast majority of its lending in Massachusetts a day after the state sued it over its foreclosure practices.

The nation’s fifth-largest mortgage originator said it “has taken this action because recent developments have led mortgage lending in Massachusetts to no longer be viable,” ratcheting up the high-stakes mortgage fight there.

Attorney General Martha Coakley sued the five biggest mortgage servicers Thursday, in the first government lawsuit targeting all five for alleged improper foreclosure practices including so-called robo-signing. The practice involves people who allegedly signed many foreclosure documents …

[WALL STREET JOURNAL]

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MA Attorney General Martha Coakley & Reg. Of Deeds John O’Brien on NBC Nightly News w/ Brian Williams [VIDEO]

MA Attorney General Martha Coakley & Reg. Of Deeds John O’Brien on NBC Nightly News w/ Brian Williams [VIDEO]


“The single most important thing we can do to return to a healthy economy is to address this foreclosure crisis,” said AG Coakley.  “Our suit alleges that the banks have charted a destructive path by cutting corners and rushing to foreclose on homeowners without following the rule of law. Our action today seeks real accountability for the banks illegal behavior and real relief for homeowners.”

 

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Massachusetts AG Coakley Takes on the Banks | Abigail C. Field

Massachusetts AG Coakley Takes on the Banks | Abigail C. Field


Abigail C. Field-

The posse of Wall Street Sheriffs just got bigger: Massachusetts Attorney General Martha Coakley joined Nevada Attorney General Catherine Cortez Masto, New York Attorney General Eric Schneiderman and Delaware Attorney General Beau Biden. AG Coakley’s effort is the most comprehensive to date by far, in that she sues five major banks (Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally) and MERS for unlawful and deceptive conduct. (AG Masto still retains the title as the only AG bold enough to indict people.) Her suit does not include all the kinds of claims other AGs have alleged, however, and some of the claims are uniquely provable under Massachusetts law.

[REALITY CHECK]

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Five National Banks Sued by AG Coakley in Connection with Illegal Foreclosures and Loan Servicing

Five National Banks Sued by AG Coakley in Connection with Illegal Foreclosures and Loan Servicing


First Comprehensive Lawsuit to Address Foreclosure Crisis Seeks to Hold Banks Accountable For Illegal and Deceptiv

Bank of America, Wells Fargo, JP Morgan Chase, Citi, and GMAC All Named As Defendants; Mortgage Electronic Registration System (“MERS”) Also Sued 

BOSTON – Five national banks have been sued in connection with their roles in allegedly pursuing illegal foreclosures on properties in Massachusetts as well as deceptive loan servicing, Attorney General Martha Coakley announced today.  The lawsuit was filed today in Suffolk Superior Court against Bank of America, Wells Fargo, JP Morgan Chase, Citi, and GMAC.  It also names Mortgage Electronic Registration System, Inc. (“MERS”) and its parent, MERSCORP Inc., as defendants.

“The single most important thing we can do to return to a healthy economy is to address this foreclosure crisis,” said AG Coakley.  “Our suit alleges that the banks have charted a destructive path by cutting corners and rushing to foreclose on homeowners without following the rule of law. Our action today seeks real accountability for the banks illegal behavior and real relief for homeowners.”

In the complaint pdf format of    Complaint Against 5 National Banks  , the Attorney General alleges these five entities engaged in unfair and deceptive trade practices in violation of Massachusetts’ law by:

  • Pervasive use of fraudulent documentation in the foreclosure process, including so-called “robo-signing”;
  • Foreclosing without holding the actual mortgage (“Ibanez” violations);
  • Corrupting Massachusetts’ land recording system through the use of MERS;
  • Failing to uphold loan modification promises to Massachusetts homeowners.

USE OF FALSE DOCUMENTS TO EXPEDITE FORECLOSURES “ROBO-SIGNING”:

According to the complaint, the banks used false documentation in the foreclosure process, including so-called “robo-signing”, whereby bank personnel signed affidavits that were untrue, or not based on the signor’s actual knowledge.  An entity wishing to foreclose on a property must demonstrate it has filed an affidavit in compliance with Massachusetts law.  By  October 2010, the banks’ flagrant disregard of affidavit and notary process requirements became widely known.  Filings with various Registers of Deeds provided to the Attorney General’s Office revealed the pervasive use of mortgage service employees to sign hundreds of affidavits and sworn statements without personal knowledge of the information contained in those affidavits.   Evidence also suggests these practices were not confined to the foreclosure process, but also used in the assignment, transfer and modification of mortgages secured by property in Massachusetts.

FORECLOSING WITHOUT LEGAL AUTHORITY “IBANEZ VIOLATIONS”:

Second, these five entities participated in unlawful foreclosures when they commenced foreclosures on mortgages where they were not the holders of those mortgages.  The Supreme Judicial Court (SJC), in Commonwealth v Ibanez, recently upheld Massachusetts law and stated that “only the present holder of a mortgage is authorized to foreclose on the mortgaged property.”  The complaint alleges that these entities ignored this fundamental legal mandate and proceeded to foreclosure even though they did not hold the mortgage, and thus had no legal authority to conduct the foreclosure.  The banks’ failure to obtain a valid assignment of the mortgage prior to foreclosure has adversely impacted titles to hundreds, if not thousands, of properties in the Commonwealth.  The complaint alleges that the banks falsely claimed to be the holder of a mortgage in several foreclosure documents even though they failed to obtain a valid assignment of the mortgage.

UNDERMINING PUBLIC RECORDS “MERS”:

Third, the complaint alleges that these banks have undermined our public land record system through the use of MERS, a private electronic registry system.  According to the complaint, the creation and use of MERS was adopted by these defendants primarily to avoid land registration and recording requirements, including payment of recording and registration fees, and to facilitate sales of mortgage loans.  The use of MERS has resulted in a lack of transparency as to the entities that have the legal authority to enforce mortgages, and unfairly conceals from borrowers the true identity of the holder of the debt.  Since 1997, more than 63 million home loans have been registered on the MERS System, accounting for more than 60 percent of all newly-originated mortgage loans.  The complaint also alleges that through the use of the MERS system, the banks unlawfully failed to register assignments of mortgages and transfers of the beneficial interests in mortgages.

MISREPRESENTING LOAN MODIFICATION PROGRAMS:

Finally, the complaint alleges the banks deceived and misrepresented to borrowers the process, requirements, and availability of loan modifications.   The banks publically claimed to be engaged in widespread loan modifications aimed at preserving home ownership and avoiding unnecessary foreclosures.   Through the National Homeownership Retention Program, which commenced on November 6, 2008, these banks represented that they would work with borrowers to help them avoid unnecessary foreclosures by reducing monthly mortgage payments to affordable and sustainable levels.  The complaint alleges these banks misled borrowers about their eligibility for this program and the amount of relief available, failed to achieve a significant level of modifications, and often strung along borrowers for months in trial modifications that were ultimately rejected. 

The AG’s lawsuit seeks civil penalties, restitution for harm to borrowers and compensation for registration fees that were avoided. The lawsuit also seeks to hold the banks accountable through permanent injunctive relief to provide a solution for prior unlawful foreclosures and to require that the banks, going forward, register assignments and other documents in accordance with Massachusetts law.

The lawsuit follows more than a year of negotiations with the banks over a 50-state settlement focused around the issues of fraudulent documents, including “robo-signing.”  AG Coakley had made clear that she would not sign on to an agreement with the banks if it included broad liability release regarding MERS and other issues or if she did not believe the banks had come to the table with an offer in the best interest of Massachusetts.

AG Coakley’s office has been a national leader in holding banks and investment giants accountable for their roles in the economic crisis.  AG Coakley has obtained recoveries from Morgan Stanley, Goldman Sachs, Royal Bank of Scotland, Countrywide, Fremont Investment & Loan, Option One, and others on behalf of Massachusetts homeowners.  As a result of these actions, her office has recovered more than $600 million in relief for investors and borrowers, helped keep more than 25,400 people in their homes, and returned nearly $60 million in taxpayer funds back to the Commonwealth.

More information about AG Coakley’s work during the lending crisis can be found here pdf format of    Subprime Lending Crisis Factsheet  .

The lawsuit is being handled by Attorney General Martha Coakley’s Consumer Protection Division, including Assistant Attorneys General Amber Villa, John Stephan, Sara Cable, and Justin Lowe; Acting Division Chief David Monahan; Chris Barry-Smith, Chief of the Public Protection & Advocacy Bureau and Stephanie Kahn, Deputy Chief of the Public Protection & Advocacy Bureau.

 

######################

[ipaper docId=74404114 access_key=key-1am5u5umyvfcaay5kqzo height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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COMPLAINT | Commonwealth of Massachusetts vs.  MERS, MERSCORP, BofA (BAC), Wells Fargo, CitiMortgage, JPMorgan Chase, Ally

COMPLAINT | Commonwealth of Massachusetts vs. MERS, MERSCORP, BofA (BAC), Wells Fargo, CitiMortgage, JPMorgan Chase, Ally


COMMONWEALTH OF MASSACHUSETTS
SUFFOLK COUNTY SUPERIOR COURT DEPART

COMMONWEALTH OF MASSACHUSETTS
PLAINTIFF

vs.

BANK OF AMERICA, NA., BAC HOME
LOANS SERVICING, LP, BAC GP, LLC,
JPMORGAN CHASE BANK, N.A:, CrrIBANK,
NA., CITIMORTGAGE, rNC., GMAC
MORTGAGE, LLC, WELLS FARGO BANK,
N.A., MORTGAGE ELECTRONIC
REGISTRATION SYSTEK INC„ and
MERSCORP, INC.,
DEFENDANTS

 

[ipaper docId=74404114 access_key=key-1am5u5umyvfcaay5kqzo height=600 width=600 /]

 

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Witness in LPS foreclosure case an apparent suicide

Witness in LPS foreclosure case an apparent suicide


* Empty medicine bottles found near body-sources

* No suicide note found

* No sign of foul play-Las Vegas police

By Scot J. Paltrow

Nov 30 (Reuters) – A key witness in a Nevada criminal foreclosure fraud case who was found dead on Monday apparently committed suicide, individuals close to the investigation of her death said.

Reuters reported on Tuesday that police had found the body of Tracy Lawrence, a notary, in her Las Vegas apartment shortly after she failed to appear in court for sentencing on a misdemeanor count related to the case.

[REUTERS]

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BREAKING NEWS: Notary “Tracy Lawrence” who blew whistle on foreclosure fraud found dead

BREAKING NEWS: Notary “Tracy Lawrence” who blew whistle on foreclosure fraud found dead


For those who are just following: Lawrence was the whistleblower who turned in LPS’ employees to Nevada AG Masto that led to indictments of robo-signing.

 

LAS VEGAS (KSNV MyNews3) —

The notary who signed tens of thousands of false documents in a massive robo-signing scandal case was found dead in her home on Monday.

The notary, 43-year-old Tracy Lawrence, was supposed to be in court at 8:30 Monday morning for her sentencing hearing. When her attorney did not hear from her for more than an hour, Sr. Deputy Attorney General Robert Giunta asked for a bench warrant to be issued for Lawrence. The judge denied the request.

Metro Homicide Detectives are working currently the case. It is unclear if her death was due to natural causes, or if it was a suicide or homicide. Last Monday, Lawrence pled guilty to only one criminal charge of notary fraud.

[KSNV MyNews3]

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Foreclosure mill getting peppered, Linked to the first criminal case brought against alleged robo-signers

Foreclosure mill getting peppered, Linked to the first criminal case brought against alleged robo-signers


In case you wish to read the transcripts from this story check it out: FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES “LPS” SCOTT A. WALTER PART 1 &

FULL DEPOSITION TRANSCRIPT OF LENDER PROCESSING SERVICES SCOTT A. WALTER PART 2 “STEVEN J. BAUM, P.C.”, “O. MAX GARDNER”, “US TRUSTEE”

NY POST-

The stink is growing around the state’s largest foreclosure mill.

The Steven J. Baum law firm, which last month agreed to pay a $2 million fine to settle a federal probe into bogus foreclosure case filings, has now been barred by federal mortgage giants Fannie Mae and Freddie Mac from getting any more referrals of home loan defaults owned by either company.

In addition, the 70-lawyer firm is linked to the first criminal case brought against alleged robo-signers.

The criminal case was brought by the Nevada attorney general against two title officers — Gary Trafford and Gerri Sheppard — charged with forging signatures on 606 foreclosure-related mortgage documents.

.
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LPS Responds to Nevada Attorney General Announcement

LPS Responds to Nevada Attorney General Announcement


Now you know why the others have fled as CeO’s and have done so since last year. Their days are numbered and they might be getting inside information from employees?

As for FL AG Pam Bondi, where are you and why haven’t you come to these conclusions being LPS HQ is in your state?

From the announcement:

The Nevada Attorney General has elected to charge two Lender Processing Services (NYSE: LPS) employees for document execution and notarization practices related to notices of default and deeds of trust filed in Clark County, Nevada from 2005 to 2008.  Based on the company’s reviews, LPS acknowledges the signing procedures on some of these documents were flawed; however, the company also believes these documents were properly authorized and their recording did not result in a wrongful foreclosure.

“I am deeply committed to ensuring that LPS meets rigorous standards of professional conduct and operating excellence,” said newly appointed LPS President and CEO Hugh Harris. “I have full confidence in the ability of our leadership team and more than 8,000 dedicated employees to deliver on that commitment.”

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Nevada Office of the Attorney General ANNOUNCES indictment in massive clark county robo-signing scheme, Employed by LPS

Nevada Office of the Attorney General ANNOUNCES indictment in massive clark county robo-signing scheme, Employed by LPS


LPS must know by now, they are getting closer and closer to their top Executives.

FOR IMMEDIATE RELEASE 

Contact:  Jennifer López

702-486-3782

 

 

DATE: November 16, 2011       


Office of the Attorney general ANNOUNCES indictment in massive clark county robo-signing scheme

Defendants to be Held Criminally Accountable for Filing Tens of Thousands of Fraudulent Foreclosure Documents

 

Carson City, NV – The Office of the Nevada Attorney General announced today that the Clark County grand jury has returned a 606 count indictment against two title officers, Gary Trafford and Gerri Sheppard, who directed and supervised a robo-signing scheme which resulted in the filing of tens of thousands of fraudulent documents with the Clark County Recorder’s Office between 2005 and 2008. 

 According to the indictment, defendant Gary Trafford, a California resident, is charged with 102 counts of offering false instruments for recording (category C felony); false certification on certain instruments (category D felony); and notarization of the signature of a person not in the presence of a notary public (a gross misdemeanor).  The indictment charges defendant Gerri Sheppard, also a California resident, with 100 counts of offering false instruments for recording (category C felony); false certification on certain instruments (category D felony); and notarization of the signature of a person not in the presence of a notary public (a gross misdemeanor). 

 ”The grand jury found probable cause that there was a robo-signing scheme which resulted in the filing of tens of thousands of fraudulent documents with the Clark County Recorder’s Office between 2005 and 2008,”said Chief Deputy Attorney General John Kelleher.

 The indictment alleges that both defendants directed the fraudulent notarization and filing of documents which were used to initiate foreclosure on local homeowners. 

The State alleges that these documents, referred to as Notices of Default, or “NODs”, were prepared locally.  The State alleges that the defendants directed employees under their supervision, to forge their names on foreclosure documents, then notarize the signatures they just forged, thereby fraudulently attesting that the defendants actually signed the documents, which was untrue and in violation of State law.  The defendants then allegedly directed the employees under their supervision to file the fraudulent documents with the Clark County Recorder’s office, to be used to start foreclosures on homes throughout the County. 

 The indictment alleges that these crimes were done in secret in order to avoid detection. The fraudulent NODs were allegedly forged locally to allow them to be filed at the Clark County Recorder’s office on the same day they were prepared. 

 District Court Judge Jennifer Togliatti has set bail in the amount of $500,000 for Sheppard and $500,000 for Trafford.  The case has been assigned to Department 5 District Court Judge Carolyn Ellsworth who will preside over the case.                      

 Anyone who has information regarding this case is asked to contact the Attorney General’s Office at 702-486-3777 in Las Vegas or 775-684-1180 in Carson City.

[ipaper docId=72962780 access_key=key-216lulch2ud7uycl9mz3 height=600 width=600 /]

 Bobby Darin Sings Start of Something Big

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BofA’s Nasty Foreclosure Machine Up Close and Personal

BofA’s Nasty Foreclosure Machine Up Close and Personal


Abigail C. Field-

 

Bank of America has treated Dr. Ira Neighbors with an elaborate, bureaucratic cruelty that would make Kafka proud. Neighbors’s story exposes just how blatantly BofA lies when it tells homeowners “we’re here to help”. After you read his story I dare you to think BofA is acting in good faith during the mortgage modification process.

Dr. Neighbors successfully completed a trial modification with BofA, but then it refused to make it permanent. BofA invited him to try again, and Neighbors did, successfully completing his second trial. This time Neighbors hired an attorney to help sway BofA into making the trial permanent, and his lawyer succeeded. BofA sent Neighbors a package of papers to sign.

Enter Kafka …

[REALITY CHECK]

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Desert Underwater: Robo-Signing Problems on Foreclosure Documents

Desert Underwater: Robo-Signing Problems on Foreclosure Documents


As Always, thank you to MERS for giving this power to sign away any document for any lender at any notice to get the JOB DONE no matter how much fraud is involved!

 

LAS VEGAS — The nation’s largest banks stopped foreclosures last fall following allegations their employees cut corners while processing paperwork. A short time later — with promises to halt the illegal practices — foreclosures resumed.

The I-Team has learned “robo-signing” remains what some officials call an epidemic in Nevada. Robo-signing refers to a variety of practices. Among them: employees who sign foreclosure documents they haven’t read, employees who use fake signatures to process documents, or employees who fail to follow notary rules.

[8NEWS NOW]

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Winnebago County, Illinois recorder still finds instances of ‘robo-signing’, Linda Green & some newcomers

Winnebago County, Illinois recorder still finds instances of ‘robo-signing’, Linda Green & some newcomers


“‘Linda Green’ is on documents as vice president of Wells Fargo. She’s (on other documents as) vice president of (Mortgage Electronic Registration Systems Inc.). She is vice president of Optical Mortgage Co. as well, and all of the signatures are completely different,” McPherson said. “Another name to take notice of is ‘Pat Kingston.’ She or he has several different titles. Lately, (the lenders or document providers) haven’t been using ‘Linda Green’ as much. There’s a new set of fake names. ‘Brian Blaine’ is the vice president of Chase Mortgage Bank. He is vice president of Washington Mutual Bank. He is vice president of Nations Credit Financial Services Corp. He’s vice president and attorney in fact for IndyMac Federal Bank.”

RRSTAR-

In late 2010, the furor over “robo-signers” revealed the complicated — and occasionally sloppy, if not entirely negligent — mountains of paperwork that accompany mortgages and the process of foreclosure.

Attorneys representing homeowners in several states uncovered the fact that many banks, or the companies the banks used to process paperwork, were authorizing documents without checking their accuracy or even giving them more than a cursory glance. In some cases, these “robo-signers” fraudulently signed the names of bank officials, attorneys and notaries.

[RRSTAR]

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Register John O’Brien offers help to homeowners

Register John O’Brien offers help to homeowners


Commonwealth of Massachusetts

 Southern Essex District Registry of Deeds
Shetland Park
45 Congress Street
Suite 4100
Salem, Massachusetts 01970

JOHN L. O’BRIEN, JR.
Register of Deeds
Phone: 978-542-1704
Fax: 978-542-1706
website: www.salemdeeds.com

NEWS
FOR IMMEDIATE RELEASE
Salem, MA

November 15th,, 2011

Contact: Kevin Harvey 1st Assistant Register
978-542-1724
kevin.harvey@sec.state.ma.us

Southern Essex District Register of Deeds John O’Brien said today that someone has to take the bull by the horns and stand up for homeowners, who through no fault of their own, have had their chain of title clouded by the actions of the Mortgage Electronic Registration Systems (“MERS”) and its major shareholder banks, such as Bank of America, J.P. Morgan Chase, Wells Fargo and others.

He is offering to provide homeowners in his district, who have a robo or surrogate signed document in their chain of title, an affidavit signed by him attesting to the fact that such a document exists in their title and that is recorded at his Registry. O’Brien estimates that there are over 36,000 homeowners in his district alone and suggests Southern Essex County Homeowner’s visit his website at, www.salemdeeds.com , where they can search to see if they have been a victim of  this scheme, in what O’Brien calls  “the largest scandal to affect the integrity of the land recordation system in this country since its inception.”  O’Brien went on to say that “the affidavit will allow homeowners to reach out to their banks and ask them what they are going to do to repair their clouded chain of title and if the homeowner is being foreclosed upon, they can use this affidavit as proof that a document being used to take their home contains a fraudulent robo or surrogate signed document.”

O’Brien, who has been leading the national effort to hold banks accountable for their failure to pay recording fees and their deliberate attempt to record fraudulent documents in registries across the country, said he is hopeful that the Commonwealth of Massachusetts will be filing suit shortly to recoup the lost revenue that he estimates to be $250 million dollars.  “Since I have raised these issues, other states and counties have filed suits to recover their lost revenue and I feel that Massachusetts needs to pursue this, sooner rather then later.”

In addition, O’Brien said he cannot understand why his Registry funds are still being deposited into Bank of America, even though he requested that they be moved last April and placed in a non-MERS member bank.  “Since that time, my Registry has deposited over $15 million dollars in a bank that has snubbed its nose at property rights.” O’Brien said that the Elected Registers of Deeds have always had the authority to choose the institution in which to deposit their Registry’s revenue.  In fact, he has moved his Registry’s funds 6 times during his tenure as the elected Register of Deeds for the Southern Essex District.   “I am curious why at this time my efforts are being blocked. My constituents are not pleased that Bank of America continues to profit off registry funds and they want to know why these funds have not been moved.  They deserve an answer and so do I” O’Brien commented.  For well over 200 years, Registers of Deeds have had a “fiduciary chain of title” when it comes to registry revenue.  Registers are responsible for these funds from the original acceptance of the fee, the deposit of the monies, and the transfer of those funds to the Commonwealth. “In my opinion, as Registries across the state have become crime scenes infected with thousands of fraudulent documents and the MERS banks failure to pay the same fees as everyone else, I would hope that all funds in every Registry of Deeds in the Commonwealth of Massachusetts currently being deposited in Bank of America be removed immediately.”  O’Brien feels strongly that “We need to send these banks a message that we intend to hold them accountable for their actions and that fraudulent documents are not acceptable in The Commonwealth of Massachusetts land recordation system.”

 

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Foreclosure law firm Steven J. Baum PC is battling rule on accuracy, Asks to overturn ‘procedural hurdle’

Foreclosure law firm Steven J. Baum PC is battling rule on accuracy, Asks to overturn ‘procedural hurdle’


“Are the courts supposed to rubber-stamp the filings, to . . . just sign off?” Judge Walker asked. “How can the court rely on good faith, knowing what the court knows of robo-signing?”

The Buffalo News-

Attorneys for New York State and a delinquent Buffalo borrower facing the loss of her home squared off in court Monday against Steven J. Baum PC, as the state’s biggest foreclosure law firm sought to have a new court mandate for accuracy of documents declared unconstitutional.

The Baum firm wants a state court in Buffalo to overturn a statewide administrative rule, which the firm contends is impeding the rights of its bank and mortgage servicing clients, and intruding on the power of the local court.

[THE BUFFALO NEWS]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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More than half of Florida homeowners in default are 2 years overdue

More than half of Florida homeowners in default are 2 years overdue


Ironic, LPS would make a comment on an article and offer stats on overdue defaulted homeowners, when a reason why an estimated 350,000 foreclosures cases continue to be delayed as lenders and bank lawyers sort through last fall’s robo-signing scandal.

Hmmm. They are front and center of the robo-signing scandal and they offer advice?

Palm Beach Post-

More than half of Florida homeowners in foreclosure have not made a mortgage payment in two years or more. That’s higher than the national average and one indication of why banks are paying borrowers up to $20,000 to execute a short sale.

A new report from Jacksonville-based LPS Applied Analytics found that as of September, 56 percent of Florida’s mortgages in foreclosure are 24 months or more behind in payments, compared with 39 percent nationwide.

About 84 percent of Florida foreclosures are more than 18 months in arrears.

[…]

Last month, Bank of America quietly began a Florida-only campaign that gives homeowners up to $20,000 for a short sale rather than letting their homes linger.

Wells Fargo and J.P. Morgan Chase have similar short-sale programs, sometimes called “cash for keys.” McCabe said a woman he knows was told by Chase it would give her $35,000 for a short sale after she was only 60 days behind on payments.

[PALM BEACH POST]

But then, the banks are trying to offer cash to homeowners to follow through with a short sale? In case you’re wondering, it takes 501 days to complete a short sale in South Florida.

Does this make any sense? What buyer has the patience to wait this long?

 

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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NYE LAVALLE | It’s Time To Take The Gloves Off!

NYE LAVALLE | It’s Time To Take The Gloves Off!


Dear friends,

I am taking the gloves off, its that time! Attorney General Beau Biden did us all proud and right yesterday, despite the political reality that he faces in a state that hosts as corporations, the banks, Wall St. firms, and system he is attacking. I would ask that each of you kindly read the entirety of this letter and to assist me help each of you and this nation of ours and force the other AGs and elements of our government and the media to be as bold and brave as Beau Biden!

Beau knows MERS! LOL He certainly not only vindicated me and my decade-ol fight against MERS and my predictions, but all of us, especially Max, April, Judges Logan and Gordon (would love to interview each now) and let me not forget our favorite jurist, Judge Schack!

Let us not forget the crooked judges too, like Craig Schwall and Louis Levenson in Fulton Co who will be getting their comeuppance next month in both courts of law and public opinion (the media). We need to have media focus on the Judges who get it and the judges we have evidence of corruption on. (including our tapes) This will be one of our new objectives. We also need to expose Robo-Judges™ who issue Robo-Orders™!

We’re starting a new movement in America. Our new movement will complement the Occupy Wall Street and Occupy the Internet movements by assisting those trying to help or most importantly IGNORING TO HELP our nation and states. That is the media who is trying to help and some in government like Beau Biden. The other AGs and regulators that ignore us will be publicly noticed and later publicly embarrassed if they fail to act, since a “record” of notices, warnings, and actions or inactions will be publicly displayed now and for the years to come that anyone can access. We shall begin with Names!!

The name for these new movements shall be Occupy The Government & Occupy The Media! As for the media, we shall and I request that you respect their time and their space.

The first step is that I want each of you to provide me, Lisa, Michael, Matt and everyone of our colleagues and comrades in arms with an email list of ALL media and government contacts you have in two separate email address books for Outlook or AOL. We will then discuss content to send by each of us to these contacts. For the media, we will target great story ideas for each journalist and editor we have befriended and has supported the cause. We will also provide a host of information, facts, and evidence for their investigative needs. The media is not only our friend, but our greatest ally in this movement, next to the Internet!

For government, we will create letters and petitions and forward to them in masse! Also, we will document and forward complaints, and evidence of fraudulent bank behavior. They are either with us, or against us! They get to choose and so do we, by a vote. It’s time to stop picking leaders by social issues, but real life issues. You’re either a bank bitch and for them or you’re not (like Beau).

I want to do to the AGs, all regulators, and politicians, what I did to CEOs and boards years ago, paper them and “put them on notice” to act. Let’s see if they ignore our warnings this time around since doing so, will surely jeopardize their political and/or professional aspirations. As they move up the political food chain, we will have a record of what they were warned of and what they did or didn’t do so that their prior actions can be judged by voters and regulators alike.

I am reminded of Gandhi’s quote “First they ignore you, then they laugh at you, then they fight you, then you win.” We’re now winning, so it’s time to pile in on as the bankster’s lawyers would say. Over the years, I have created a “hit list” and “target list” of enemies and foes and have guarded carefully very personal information about them. While information is power, knowledge of what to do with that information, and the wisdom to know when its right to use, is key. I suggest you each do the same!

Next, I will begin writing more letters and more warnings based on my experience and I will start doing some polling with the help of supporters and sponsors I will seek from law firms. This will accomplish a few goals. First, it will bring national media attention and coverage to the issues and second, media attention, business and leads to the law firms than sponsor my research. My research has traditionally garnered national media attention and the front pages of virtually every newspaper as well as television and radio. It will once more, do so again.

As for Beau Biden, his complaint is a masterpiece and must read and pins the tail on the ASS (sorry, Donkey was way too kind) so to speak in MERS. In effect, he is not only seeking to shut down every MERS foreclosure in DE, but seeking to foreclose on MERS itself! I wonder what ASSet protection MERSCORP and its enablers have in place.

I have previously called the racketeering acts of the servicers the “default servicing enterprise.” However, Beau kept it simple and called it the “foreclosure enterprise.” I agree. From this day forward, when we discuss or refer to this racketeering enterprise, let’s all agree to call it and refer to it as the FORECLOSURE ENTERPRISE! Let’s get that mantra up and explain it for what it is, an enterprise which is key for RICO actions, both state and federal, which is where we will be going next with the evidence we have all uncovered. Make Foreclosure enterprise as widely known and accepted as robo-signing and fraudclosure!

In his complaint and his exhibits, Beau Biden has laid the foundation for attacking MERS and every lender. In every case where MERS is ANYWHERE in the chain (current or prior loans) you must file his complaint and exhibits with the court with a notice for the Court to take “judicial notice” of the complaint. Next, you must also file all of the county recorder lawsuits. Remember, building a record is the most important thing you can do in a case. This is how we will also expose the corrupt judges we have evidence on. An analysis of their record and rulings will assist media and also how we vote them out. We shall approve and disprove of judges and politicians and make our voices known, regardless of party affiliation. We will make them sign pledges and contracts, so we know where stand.

We will get our friends in person, email, and on Facebook, to work with us, petition, send emails, make phone calls and focus attention on issues and those who fight and oppose us. We will gather lists of names too and personal and email addresses for protesters.

Our first petition will be the abolishment of MERS and I am drafting Lisa Epstein to create the first draft using the relief that Beau seeks in his lawsuit to be the first petition of our group. Lisa, please copy me, Jacqs, April, Dan, and Max on it and we’ll get out soon!

Friends, its time! 2012, the Mayans predicted would be the end of the world “as we know it!” I’m reminded of the song “its the end of the world as we know it, its the end of the world as we know it. If we believe and act, we can do it! I know we can and i know we will!

It’s time my friends, time to get immediate attention and use the legal strategy the the banks and foreclosure mills created called “piling on” after football piling on. Let’s get to the media, get to the government, get to judges, and get to the people. Let’s Occupy Government and The Media and take control of the destiny God has given each of us! 2012 is upon us. The Mayans were right, its the end of the world as we know it, and the start of a new world, not new world order, as we desire and want it to be free of banks, political influence, and corruption!

Nye

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Important Evidence & Affidavit in Foreclosure Law Firm, Robo-Signing, & MBS Investigation From Nye Lavalle to Attorneys General

Important Evidence & Affidavit in Foreclosure Law Firm, Robo-Signing, & MBS Investigation From Nye Lavalle to Attorneys General


Dear Attorneys General:

Recently, the Office of Inspector General for the Federal Housing Finance Agency released reports about a special counsel investigation by Fannie Mae and that a shareholder had warned and provided Fannie Mae and others as far back as 2003 about robo-signing and foreclosure abuses. This story was picked up by the NYTimes’ Gretchen Morgenson and a plethora of other news media. While Gretchen and the FHFA didn’t name me, I was nonetheless outed since she and many others, including some of you, knew this shareholder was me.

I have been working hard behind the scenes to warn and stop the catastrophic events of the past few years which I first forecast in 1996! I have spent almost $1 million and spent over 40,000 hours since 1994 investigating, researching, and documenting these frauds. I have millions of pages of documents and a history like a bear in the woods who has left a trail all the way up to personally warning and communicating to the CEOs of virtually every bank, servicer, and Wall Street firm of these abuses. I took shares in each of these companies in the late 90s to warn them. Jaime Dimon, William Harrison, Kerry Killinger, Ace Greenberg, and James Cayne are just a few. However, the ratings agencies were warned as well as law firms and accounting firms, especially Deloitte!

As the shareholder that in 2003 warned Fannie Mae and worked with the independent counsel they appointed, Mark Cymrot, of Baker Hostetler in Washington DC, I have a unique perspective as well as set of facts that each of you could never obtain due to the cost and time limitations, that I have accumulated since 1993, almost 20-years!

However, as you will see by the attached letter to FHFA and links to reports and warnings I have authored since the mid-nineties, many were warned, including some of your offices since the mid to late nineties. I am also the individual that first discovered robo-signing and foreclosure fraud in the mid-nineties and authored reports documenting such abuses starting in the mid-nineties, until a “visiting judge” in Dallas, TX gagged me from telling this story.

It wasn’t until 2000, at the National Consumer Law Center conference in Colorado when I released reports on these frauds and abuses. Some of your lawyers were in attendance and were provided two reports. Only Max Gardner, a bankruptcy lawyer from North Carolina, took the reports to heart and began a decade-old fight to expose this corruption.

Robo-signing and foreclosure fraud and the intentional fraudulent filing of lawsuit complaints, advertisements of sale, assignments of mortgage, satisfactions of mortgage, and affidavits, as you will see from my well-documented reports, are not a recent phenomon or the result of the securitization craze that swept America and the world from the late nineties to mid-2000s.

They were carefullly planned and orchestrated after the RTC debacle in the late 80s wherein a select group of “special servicers,” commonly referred to in the industry as the industry’s “toxic waste dumps,” were created to push these newly developed and even “patented” foreclosure factory processes that the four major special servicers “tested” and then “perfected” for the rest of the industry. These special servicers are known to many of you, but their names were EMC Mortgage, SPS f/k/a Conti-Fairbanks Capital, Ocwen, and Litton Loan.

Through “partnerships” with firms like the Barrett Burke operation in Texas, the LOGs group (Shapiro) out of Illinois, the McCalla Raymer group in Georgia and many others, they created an automated foreclosure machine that threw all caution to the wind when it not only came to ethics, but the law. In a newly expanding “virtual” world, they, along with vendors and third parties such as title insurers Fidelity National and First American created patented and marketable “cradle-to-grave” systems and processes to expand the housing and mortgage markets and cover-up and conceal the known fraud to all of them perpetrated mostly by aggressive loan brokers and occasionally borrowers and factored such losses and circumstances into their system. I can provide each of you with mens rea and scienter to prosecute for frauds.

As they tested these systems and perfected their fraud via such practices as intentionally concealing the real ownership of a promissory note and first foreclosing in the names of servicers who claimed to “own” the notes and then MERS, they really were double and multi-pledging the promissory notes to themselves and others to obtain servicing advances as well as take gain on sale accounting treatments on the notes they originated with no risk to them, since they had already forward sold the notes to our respective mutual, trust, and pension funds.

As you each take your own collective and individual approaches towards your investigations, I would whole-heartedly agree with Attorneys General Scheiderman, Biden, Harris, and others who want to continue this investigation. If you don’t continue and right the wrongs, I will boldly predict that each of you will have blood on your hands. I say this as no threat of any means whatsoever, but as a warning based on my understanding as a social scientist and advocate of the human psyche that for some is weak, but for others is broken. If you look at my forecasts and predictions over the years, I have one heck of a batting average in getting it right. As my former partner, Dr. Roy Stout who was featured in the book Blink, would say, I see things and data that others want to ignore. For the first time in my life, I am scared – – scared, not for me, but for our nation and our nation’s youth and those who might have to endure the consequence of the excesses of my generation.

Today, its mortgages, but when these young students, like an ex-girlfriend who at 22 left school with $150,000 in student debt realize what has occurred, all bets will be off. Today, they are peaceful – – tomorrow, they may be vengeful! The Occupy Wall Street movement is only the start. The American public and world, want to see accountability. They want to see perp walks. They want the intentional bankers, hedge funds, and Wall Street executives who intentionally created and manipulated this world-wide financial debacle prosecuted. If you don’t do it, I fear as the nation and the world’s economy suffers even more, there will be total anarchy in the streets as well as assaults and even “non-political” assassinations against banking CEOs, Wall St executives, and foreclosure lawyers, by para-military right and left wing extremists that were former Army Rangers and Navy Seals who are not only disenchanted with the current situation, but disenfranchised. Living in Savannah, GA last year, I met many Rangers each evening who were angry, very angry for fighting a war that they realized was not for Americans, but for other interests. The discussions I would have in the evenings were illuminating and gave me a great respect for our nation’s military men and women.

However, as they lose more friends, limbs, spouses, their sanity and now their homes, a combustible mixture that is not only flammable, but toxic is spreading. You can see it in the OWS movement and some of the videos. I say these things not to scare you, but to warn you once again and most importantly, to EMPOWER EACH OF YOU, collectively or individually.

You have each been give a god-given opportunity at a vital point in our nation and the world’s history. Each of you, if you do your jobs and ignore the politics, political influence, and lobbying from both banks and the federal government, have a special moment in time to leave a mark. A mark that historians will one day write was the day America and the world decided to be free of political and banking influence and truly helped create a world democracy.

The money now, whether it is $20 billion or $50 billion in the scheme of trillion dollar losses is really not what the people are angry at. They was to see accountability and those who not only created the situation, but manipulated it or ignored it to their personal gain be prosecuted. I hear their voices each day and that’s why I am coming out of the closet, so to speak, despite the threats against my family and I to offer my help and assistance in doing what is right for this nation, our people, and those youths protesting for what they know, that many in our generation simply ignored as they drove their BMWs, put dope up their noses, and lived it up at the expense of their children and grand children.

Now is the time. I can give you the goods on many of these if you want to really follow the patented fraud. Have you all read the patents as yet of all these so-called “processes?” The most human element in the entire automated factory were the actual ignorant robo-signers! In fact, when I discovered and reported on robo-signing, I did so just to give one “minor example of the overall fraudulent scheme that was designed not to defraud borrowers who were only pawns in the “game” as it was called, but our respective pension funds and extraction of our so-called excess wealth.
Think about it, for a moment if you will. Robo-signing is such an elementary fraud, so simple, so stupid, so petty! The real fraud and why the banks want to settle with you so quickly is the securization and the fact that none of these deals were “true sales,” but the financing of receivables whereby investors were defrauded and multi-pledging of paid off notes occurred to inflate their earnings, stock prices, and bonuses.

How many of you have had your original wet-ink promissory note returned to you canceled and paid in full upon its payoff or refinancing? Ask around the office? Then, check your lien release or satisfaction and see if it was robo-signed? Who is your real lender?
Open the black pandora’s box of financial alchemy in securitization and you will find the multi-pledging and sale of paid off notes, the same notes, and even “ghost notes” that were created with Photoshop and never even executed by a real live borrower. I will save the death threats, break-ins, arsons, computer hacks, and millions of dollars of vexatious litigation by the banks and its foreclosure lawyers against my family, myself, our trusts, and the select group of advocates who were the first to take the batton from my hand for another day. I will even save the bribery of judicial officers, court reporters, and local judges for another day. All I ask is for each of you to think long and very hard, before letting the banks, their servicers, vendors, and lawyers off the hook.

I’ll come to see any of you and give any of you my deposition as well as access to whatever I possess in terms of evidence. I would also suggest that you ask each bank you are investigating and law firm to preserve all evidence and provide to you everything they have in their possession that contains my name “Nye Lavalle” or “Aneurin Lavalle” or this email address that I have had since the mid-nineties. I am also more than willing to take polygraph exams, should you find that necessary.

In essence, all I personally want is the real and true story told by a real and true investigation and the subsequent civil and criminal prosecution of those responsible for this nation’s morass.

I pray some, or all of you, will take me up on my offer. Please feel free to call or email me at any time if I can be of assistance to you or any of your collective or respective investigations!

Nye Lavalle
561/860-7632

 

[ipaper docId=70943393 access_key=key-fjtdy93l2w0kfrsuamu height=600 width=600 /]

 

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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BREAKING NEWS: JOHN O’BRIEN PUTS HIS FOOT DOWN ON FRAUDULENT ASSIGNMENTS

BREAKING NEWS: JOHN O’BRIEN PUTS HIS FOOT DOWN ON FRAUDULENT ASSIGNMENTS


JOHN L. O’BRIEN, JR.
Register of Deeds
Phone: 978-542-1704
Fax: 978-542-1706
website: www.salemdeeds.com

Commonwealth of Massachusetts
Southern Essex District Registry of Deeds
Shetland Park
45 Congress Street
Suite 4100
Salem, Massachusetts 01970

FOR IMMEDIATE RELEASE

Salem, MA
October 20, 2011

 Contact:
John O’Brien, Register of Deeds
978-542-1722
jl.obrien@sec.state.ma.us

Southern Essex District Register of Deeds John O’Brien today is calling for a temporary halt on all foreclosures on Massachusetts homeowners until there is time to sort through the complex issues, including the fraudulent documents that have been recorded in people’s chains of title.  In addition, O’Brien has cautioned people that they should think twice before buying a foreclosed property in light of the recent Massachusetts Supreme Judicial Court Decision in Bevilacqua v. Rodriquez.

 Although O’Brien commended the Supreme Court and Judge Long for its sound decision in the Bevilacqua Case, he recommends that any lender, servicer or foreclosure law firm be required to attest in an affidavit, under the pains and penalties of perjury, that all the paperwork involved in a foreclosure has been reviewed by someone in authority at the bank with knowledge of the transaction and that the paperwork is correct, truthful and valid.  He believes that lenders should also have to prove, through a forensic audit, that they actually own the note and mortgage upon which they are foreclosing upon.

 The Bevilacqua Decision makes it clear that a lender must own the mortgage before it may foreclose. “As I have said all along, had Bank of America, J.P. Morgan Chase, Wells Fargo and others followed the law and played by the same rules as everyone else, maybe our economy would not be in this crisis today. There is a good reason that we have registries of deeds in this country.  It is so that every document that pertains to a parcel of real property is recorded in a public registry, so that anyone, at any time, may view their chain of title.”

“Since the property involved in the Bevilacqua Case is in Haverhill, which is a part of my district, I have reached out to our mortgage fraud and forensic analyst, Marie McDonnell of McDonnell Property Analytics.  Ms. McDonnell has certified to me that there are at least three missing assignments in the Bevilacqua chain of title, and that the one assignment which was recorded on the property is fraudulent.  This clearly demonstrates the damage to a chain of title when assignments are not timely filed or not filed at all.” said O’Brien.

 In calling for a halt on foreclosures, O’Brien said, “This will send a clear message that Massachusetts will not tolerate the practice of using fraudulent documents to put someone out on the street.  This is something that we do not do in America. We all have to remember that foreclosures are not good for anyone; they hurt families, neighborhoods, property values and therefore communities as a whole.  These big banks have played fast and loose with peoples property rights, and now courts in Massachusetts and other states are standing up and saying that what they have done is wrong.   Fraudulent documents are and always should be unacceptable and never be recorded in a registry of deeds.  If the average person recorded a fraudulent document and then attempted to present it to a court of law as evidence, they would be prosecuted. So it begs the question, why are the captains of the bank industry and Wall Street being treated differently? Let me make it clear that this fraudulent activity is being done by major lenders, not our local community banks.  I think that the lesson here is if anyone is currently looking for a mortgage, they should be dealing with their local hometown banks who have always played by the rules.” O’Brien continued, “Perhaps if people stop buying these foreclosed properties, which in most cases sell for less than what the original homeowner owed the lender, than maybe the banks will rethink their position and do the right thing, namely begin working with homeowners to create a new payment plan that will keep people in their homes.”

 In an attempt to provide people with more assistance, O’Brien is now offering any homeowner in his district who has a document in their chain of title signed by a known robo-signer, an affidavit signed by him as Register of Deeds attesting to the presence of that signature which has been recorded at his Registry. For those homeowners that are currently being foreclosed upon, this affidavit may be presented to their attorney, the lender or the court to show that their chain of title has been corrupted.  For those who are not in foreclosure, the affidavit may be presented to their current lender to show that a robo-signed document has in fact been recorded in their chain of title and be part of a request to investigate how this happened and what the lender is going to do to correct it. 

 Homeowners may check to see if there is a known robo-signer in their chain of title by visiting his website www.salemdeeds.com  or by calling his Customer Service Department at 978-542-1704.

[Tier 1 Affidavit For Prior Recordings-2]

 

 

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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