TAYLOR | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "TAYLOR"

MERS VP | 27 Job Titles for Brian Burnett of IndyMac

MERS VP | 27 Job Titles for Brian Burnett of IndyMac


Brian Burnett has signed mortgage documents using the job titles listed below during the approximate same period of time. All of these were notarized in Travis County, Texas, where IndyMac Mortgage Services is located. IndyMac Mortgage Services is now a division of One West Bank.

A certified signer for Mortgage electronic Registration Systems, Inc. was authorized to sign on behalf of the affiliated mortgage entity that employed him. Burnett, for example, would have been authorized to sign as an officer of MERS, as nominee for IndyMac Bank.

MERS signers were never authorized to sign on behalf of all other lenders.

[ipaper docId=53758521 access_key=key-vakbq9sniymd894p23c height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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William Black | ‘If you don’t look; you don’t find, Wherever you look; you will find’

William Black | ‘If you don’t look; you don’t find, Wherever you look; you will find’


HuffPO

I can no longer say that not a single senior executive of one of the major nonprime lenders whose frauds hyper-inflated the housing bubble and caused the Great Recession has been convicted of his frauds. A single senior executive of one of the hundreds of fraudulent nonprime lenders was convicted yesterday, April 19, 2011. A jury found Lee Farkas, Chairman of the Board of Taylor, Bean & Whitaker (TBW), guilty of fraud. TBW was a large mortgage banking firm that made many nonprime loans, but the prosecution does not address the fraudulent nonprime lending.

[…]

Third, note that while a Colonial Bank officer pleaded guilty for assisting these frauds against Colonial Bank, no one has pleaded guilty at Freddie Mac. The critical question is whether TBW actually delivered the key loan documents to Freddie Mac. Did Freddie Mac obtain an enforceable security interest or was it defrauded by TBW? Was Colonial Bank the only victim of the double sale/pledge?

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Indiana Appeals Court Reversal: LACY-McKINNEY v. TAYLOR, BEAN& WHITAKER MORTGAGE CORPORATION

Indiana Appeals Court Reversal: LACY-McKINNEY v. TAYLOR, BEAN& WHITAKER MORTGAGE CORPORATION


FLORENCE R. LACY-MCKINNEY, Appellant-Defendant,
v.
TAYLOR, BEAN & WHITAKER MORTGAGE CORP., Appellee-Plaintiff.

No. 71A03-0912-CV-587.

Court of Appeals of Indiana.

November 19, 2010.

JOSEPH F. ZIELINSKI Indiana Legal Services, Inc. South Bend, Indiana, ATTORNEY FOR APPELLANT.

CRAIG D. DOYLE, MARK R. GALLIHER AMANDA J. MAXWELL Doyle Legal Corporation, P.C. Indianapolis, Indiana, ATTORNEYS FOR APPELLEE.

OPINION

KIRSCH, Judge.

Florence R. Lacy-McKinney (“Lacy-McKinney”) appeals the trial court`s entry of summary judgment in favor of Taylor, Bean & Whitaker Mortgage Corp. (“Taylor-Bean”) on Taylor-Bean`s action to foreclose on Lacy-McKinney`s mortgage that was insured by the Federal Housing Administration (“FHA”).[1] On appeal, Lacy-McKinney raises two issues that we restate as:

I. Whether a mortgagee`s compliance with federal mortgage servicing responsibilities is a condition precedent that may be raised as an affirmative defense to the foreclosure of an FHA-insured mortgage; and

II. Whether the trial court erred when it entered summary judgment in favor of Taylor-Bean on its mortgage foreclosure action against Lacy-McKinney.

We reverse and remand.

At the time Taylor-Bean filed its complaint, the security interest in the subject mortgage was in the name of Mortgage Electronic Registration Systems, Inc. (“MERS”) “(solely as nominee for [Taylor-Bean] . . . and [Taylor-Bean`s] successors and assigns).” Appellant’s App. at 8. After MERS assigned the security interest to Taylor-Bean, Taylor-Bean filed an amended complaint. Lacy-McKinney initially argued that summary judgment in favor of Taylor-Bean must fail because Taylor-Bean had no interest in the Property at the time the original complaint was filed. Id. at 102-03. Lacy-McKinney does not raise this issue on appeal.

continue below…

[ipaper docId=44090700 access_key=key-6ibb3x2gq6zf7vuh0jp height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (1)


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