The Wall Street Journal | FORECLOSURE FRAUD | by DinSFLA

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FULL COMPLAINT | Cambridge Place Investment Management Inc. v. Morgan Stanley, 10-2741, Suffolk Superior Court (Boston)

FULL COMPLAINT | Cambridge Place Investment Management Inc. v. Morgan Stanley, 10-2741, Suffolk Superior Court (Boston)


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Mortgage Investors Suing For MBS FRAUD… Is your Trust named?

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



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Mortgage Investors Suing For MBS FRAUD… Is your Trust named?

Mortgage Investors Suing For MBS FRAUD… Is your Trust named?


Now these investors should know better…See the picture you’ll see what I mean? You can probably make out a few possibilities.

We can’t even get justice and we are quite a few million!

Mortgage Investors Turn to State Courts for Relief

By GRETCHEN MORGENSON Published: July 9, 2010
The NEW YORK TIMES

INVESTORS who lost billions on boatloads of faulty mortgage securities have had a hard time holding Wall Street accountable for selling the things in the first place.

For the most part, banks have said they can’t be called out in court on any of this because they had no idea that so many of these loans went to people who lacked the resources to make even their first mortgage payment.

Wall Street firms were intimately involved in the financing, bundling and sales of these loans, so their Sergeant Schultz defense rings hollow. They provided hundreds of millions of dollars in credit to dubious underwriters, and some even had their own people on site at the loan factories. Many Wall Street firms owned mortgage lenders outright.

Because many of the worst lenders are now out of business, investors in search of recoveries have turned to the banks that packaged the loans into securities. But successfully arguing that Wall Street aided lenders in a fraud is tough under federal securities laws. This is largely a result of Supreme Court decisions barring investors from bringing federal securities fraud cases that accuse underwriters and other third parties as enablers.

Where there’s a will, however, there’s a way. And state courts are proving to be a more fruitful place for mortgage investors seeking redress, legal experts say.

In late June, for example, Martha Coakley, the attorney general of Massachusetts, extracted $102 million from Morgan Stanley in a case involving Morgan’s extensive financing of loans made by New Century, a notorious and now defunct lender that was based in California.

Morgan packaged the loans into securities and sold them to clients, even after its due diligence uncovered problems with the underlying mortgages that New Century fed to the firm, Ms. Coakley said. In settling the matter, Morgan neither admitted nor denied the allegations. Her investigation is continuing.

One of the most interesting aspects of this case “is the active role of state regulators relying upon state law to protect investors,” said Lewis D. Lowenfels, an authority on securities law at Tolins & Lowenfels in New York. “This state focus may well fill a void left by the U.S. Supreme Court’s increasingly narrow interpretation of the antifraud provisions of the federal securities laws as well as the relatively few S.E.C. enforcement actions initiated in this area.”

Last Friday, an investment management firm that lost $1.2 billion in mortgage securities it bought for clients filed suit in Massachusetts state court against 15 banks, accusing them of abetting a fraud. The firm, Cambridge Place Investment Management of Concord, Mass., purchased $2 billion in mortgage securities from the banks, and it says the banks misrepresented the risks in the underlying loans — both in prospectuses and sales pitches.

The complaint says the banks misled Cambridge Place by maintaining that the mortgages in the securities it bought had met strict underwriting requirements related to the borrowers’ ability to repay the loans. Cambridge also contends it relied on the banks’ claims of having conducted due diligence to verify the quality of the loans bundled into the securities.

The complaint also details the anything-goes lending practices during the subprime mortgage boom.

Interviews in the complaint with 63 confidential witnesses turned up such gems as Fremont Investment & Loan, which had been based in California, approving loans for pizza delivery men with reported monthly incomes of $6,000, and management at Long Beach Mortgage, also in California, directing underwriters to “approve, approve, approve.”

One Long Beach program made loans to self-employed borrowers based on three letters of reference from past employers. A former worker said some letters amounted to “So-and-so cuts my lawn and does a good job,” adding that the company made no attempt to verify the information, the complaint stated.

Such tales are hardly shockers. But they provide important context when Cambridge moves up the ladder to the banks that bundled and sold the loans.

For example, the complaint contended that Credit Suisse, from whom it bought $88 million of mortgage securities in 2005 and 2006, told Cambridge of its “superior” due diligence, including a performance review of every loan. Three-quarters of these loans are delinquent, in default, foreclosure, bankruptcy or repossession, the complaint said.

Bear Stearns, now a unit of JPMorgan Chase, sold Cambridge $65 million of securities. It owned three mortgage lenders and told Cambridge it sampled the loans it sold to check underwriting procedures, borrower documentation and compliance, the complaint said.

Among others named in the suit are Bank of America, Barclays, Citigroup, Countrywide, Deutsche Bank, Goldman Sachs, Merrill Lynch, Morgan Stanley and UBS. All of those, as well as Credit Suisse and JPMorgan, declined to comment.

CAMBRIDGE’S lawyers brought its case in Massachusetts under laws barring those who sell securities from making false statements about them or omitting material facts. Jerry Silk, a senior partner at Bernstein Litowitz Berger & Grossmann who represents Cambridge, said, “This case represents yet another example of Wall Street banks’ failure to live up to their basic responsibility to investors — to tell the truth about the securities they are selling.”

Mr. Silk’s firm has jousted with Wall Street underwriters before. In 2004, it recovered $6 billion in a suit against banks that underwrote debt issued by WorldCom, the defunct telecom. Denise L. Cote, the federal judge overseeing that matter, concluded that because investors rely so heavily on underwriters, courts must be “particularly scrupulous in examining the conduct,” she said.

It is too soon to tell if investors will recover losses in mortgage securities. But the efforts are reminiscent of those in the mid-90s against brokerage firms that cleared trades and provided capital to dubious penny-stock outfits such as A. R. Baron and Sterling Foster.

For decades, companies that cleared such trades — Bear Stearns was a big one — escaped liability for fraud at these so-called “bucket shops.” But regulators went after clearing firms by accusing them of facilitating such acts; in a 1999 lawsuit, the Securities & Exchange Commission accused Bear Stearns of enabling a fraud at A. R. Baron. Bear Stearns paid $35 million in fines and restitution to settle the case.

If trust in capital markets is to return, investors must be able to believe what they read in prospectuses. Without that minimum standard, how can Wall Street expect the markets to function again?

A version of this article appeared in print on July 11, 2010, on page BU1 of the New York edition.

COMPLAINT:

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



Posted in bankruptcy, CONTROL FRAUD, foreclosure, foreclosure fraud, foreclosures, mbs, rmbs, securitizationComments (2)

Subprime Legal: Judges Scrutinize Mortgage Docs, Deny Foreclosures

Subprime Legal: Judges Scrutinize Mortgage Docs, Deny Foreclosures


By Amir Efrati JULY 25, 2008, 8:27 PM ET

foreclosureIt’s been about nine months since several federal judges in Ohio issued the widely-read amir foreclosure dismissals that shined a light on sloppy paperwork done by companies that specialize in handling foreclosures.

Since then, the WSJ reports tonight, other judges across the country have caught on and are carefully scrutinizing mortgage documents filed as part of foreclosures and dismissing cases based on mistakes they’re finding, which borrowers might be able to exploit when facing foreclosure. (For another good read on judges and lawyers working to staunch foreclosure, click here for a recent NLJ story.)

Among the issues hitting snags among the judges, according to WSJ:

“Backdated” mortgage assignments: Assignments, documents that transfer ownership of the mortgage, are executed after the foreclosure process has begun but state that they are “effective as of” a date prior to the foreclosure action. Some judges are dismissing those cases, saying attempts to retroactively assign the mortgage aren’t valid.

Suspicious multiple hats: Employees for mortgage companies are signing affidavits stating they are employees of one company, but other mortgage documents say they work at another firm. In some cases, an employee claims to work for companies on both sides of a transaction, prompting one skeptical judge to ask for that person’s work history for the last three years.

Shared office space: In foreclosure filings, one judge has found that numerous mortgage-related companies, including units of Wall Street banks, all claim to share the same address: a suite of a West Palm Beach, Fla., building. “The Court ponders if Suite 100 is the size of Madison Square Garden to house all of these financial behemoths or if there is a more nefarious reason for this corporate togetherness,” the judge wrote in a recent decision.

Judge SchackBrooklyn Crusader: The judge making Madison Square Garden references is Brooklyn’s own Arthur M. Schack (pictured) of Kings County Supreme Court, who has dismissed dozens of foreclosures sua sponte because of shoddy documents or suspicious patterns he notices in the filings.

Schack, 63, a former counsel to the MLB Players Association who is known for peppering his rulings with pop culture references such as Bruce Willis movies, says barely any of the foreclosures he has denied eventually are completed.

In one of his foreclosure dismissals, Schack (Indiana, New York Law School) cited the film “It’s a Wonderful Life” to make the point that homeowners now deal with “large financial organizations, national and international in scope, motivated primarily by their interest in maximizing profit, and not necessarily by helping people.”

In an interview, Schack, a Brooklyn native, told WSJ: “Taking away someone’s home is a serious matter. I’m a neutral party and in reviewing papers filed with the court, I have to make sure they’re proper.”

Posted in concealment, conspiracy, foreclosure, foreclosure fraud, judge arthur schackComments (0)

New York City Foreclosures Climb in First Quarter: WSJ

New York City Foreclosures Climb in First Quarter: WSJ


[ASSESSOR]Associated Press In the first quarter of this year, there were 4,226 foreclosures across the city, according to a new study.

The foreclosure problem hit New York City homeowners later than most other cities, but the problems are growing. In the first quarter of this year, there were 4,226 foreclosures across the city, up 16.3% from 3,635 foreclosures in the same period a year ago, according to data compiled by the Furman Center for Real Estate and Urban Policy at New York University.

Queens and Brooklyn were responsible for more than 70% of all foreclosures in the city during the quarter, with 1,556 in Queens and 1,546 in Brooklyn.

Manhattan was last on the quarterly foreclosure list with 164 compared with 98 a year ago, according to the Furman Center.

Write to Constance Mitchell Ford at constance.mitchell-ford@wsj.com

[ASSESSOR_frcls]

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Housing Prices Will Rise 37 Percent by 2014 says DEUTSCHE BANK

Housing Prices Will Rise 37 Percent by 2014 says DEUTSCHE BANK


If you believe this then you’ll believe Pigs can fly!

Housing prices are expected to increase 12.4 percent between 2010 and the end of 2014, predicts MacroMarkets, which surveyed more than 100 analysts and market strategists.

Those interviewed didn’t all see the housing market in the same light. Joseph LaVorgna, a economist at Deutsche Bank predicts that home prices will rise 37 percent by the end of 2014.

On the most bearish end, both Anthony Sanders, professor of real estate finance at George Mason University, and investment adviser Gary Shilling, president of A.Gary Shilling & Co., expect prices will decline 18 percent.

Source: The Wall Street Journal, James R. Hagerty (05/19/2010)

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Securities and Investments: Fraud Digest

Securities and Investments: Fraud Digest


Securities and Investments 

Morgan Stanley

Action Date: May 12, 2010 
Location: New York, NY 

EDITORIAL: On May 12, 2010, Morgan Stanley’s Chief Executive announced in response to a Wall Street Journal article that he was unaware of any criminal investigation by the Justice Department that his firm, like Goldman Sachs, misled investors about mortgage-backed derivative deals. The WSJ had reported that Morgan Stanley was the subject of such an investigation. In addition to determining whether the firm was betting against the very products it was promoting to investors, the Justice Department COULD investigate whether Morgan Stanley and other securities firms exercised secret control over the rating agencies, causing risky investments to get the highest ratings by these firms. The Justice Department COULD also investigate whether the mortgage-backed trusts put together by Morgan Stanley were comprised of much riskier mortgages than represented to investors. Another investigation COULD be conducted regarding the pay-outs from the insurance policies behind the CDOs and whether the servicing companies working for the trusts are collecting twice – from the insurance and from the foreclosures – and then turning around, acquiring the foreclosed properties for $10 – and profiting yet a third time. Investigators COULD even determine whether foreclosure mills working for trusts created by Morgan Stanley are now using forged proof of ownership to foreclose because Morgan Stanley never acquired the mortgages, notes and assignments they claimed to have in their vaults, backing the mortgage-backed securities. In the battle between the Justice Department and Wall Street, Goliath is in New York, not D.C. 

Posted in cdo, concealment, conspiracy, foreclosure, foreclosure fraud, fraud digest, goldman sachs, Lynn Szymoniak ESQ, S.E.C., securitizationComments (0)

!BAM! Foreclosure Lawyers Face New Heat In Florida: Wall Street Journal AMIR EFRATI

!BAM! Foreclosure Lawyers Face New Heat In Florida: Wall Street Journal AMIR EFRATI


Again…AMIR…SETS IT OFF!!

April 29, 2010, 12:46 PM ET

By Amir Efrati The Wall Street Journal

Foreclosure DrThese are precarious times for lawyers in the business of filing foreclosure cases for banks. This is particularly true in one of the epicenters of the foreclosure crisis, Florida.

As we’ve noted before, the feds in Jacksonville recently started a criminal investigation of a company that is a top provider of the documentation used by banks in the foreclosure process. And a state-court judge ruled that a bank submitted a “fraudulent” document in support of its foreclosure case. That document was prepared by a local law firm.

For more Law Blog background on the foreclosure mess in our nation’s courts, this post will help.

The news today: the Florida Attorney General’s office said it has launched a civil investigation of Florida Default Law Group, based in Tampa, which is one of the largest so-called foreclosure-mill law firms in the state.

According to the AG’s website, it’s looking at whether the firm is “fabricating and/or presenting false and misleading documents in foreclosure cases.” It added: “These documents have been presented in court before judges as actual assignments of mortgages and have later been shown to be legally inadequate and/or insufficient.”

The issue: judges are increasingly running into situations in which banks are claiming ownership of properties they actually don’t own. Some of them end up chewing out the lawyers representing the banks.

The AG’s office said Florida Default Law Group appears to work closely with Lender Processing Services — the company we referenced earlier that is being investigated by the Justice Department.

LPS processes and sometimes produces documents needed by banks to prove they own the mortgages. LPS often works with local lawyers who litigate the foreclosure cases in court. Sometimes those same law firms produce documents that are required to prove ownership.

We’ve reached out to Florida Default Law Group and LPS and will let you know if we hear back.

Posted in concealment, conspiracy, corruption, DOCX, FDLG, florida default law group, foreclosure fraud, foreclosure mills, Lender Processing Services Inc., LPSComments (0)

Bankruptcy Stalls ‘Extreme Makeover’ Foreclosure: WSJ

Bankruptcy Stalls ‘Extreme Makeover’ Foreclosure: WSJ


April 27, 2010, 1:30 PM ET

By Dawn Wotapka

Milton and Patricia Harper narrowly avoided foreclosure. Again.

Their 5,300-square-foot McMansion, built for the “Extreme Makeover” television show was set to be auctioned off in Atlanta earlier this month. But the Harpers averted that fate with a Chapter 13 bankruptcy filing–for the second time.

The couple had filed for their first Chapter 13 in early 2009, as foreclosure loomed on their supersized home. The bankruptcy halted the process. It’s possible that the family was unable to fulfill the payment plan set up under the bankruptcy and thus had to file again this year–a common occurrence says Jessica Gabel, a law professor with Georgia State University.

The Harpers didn’t return a call for comment. Lender JP Morgan Chase, which now needs court permission to proceed with a foreclosure sale, declined to comment.

As we’ve written, the Harper episode aired in the 2004-2005 season. The family’s modest home with septic-tank issues was replaced by a showpiece resembling an English castle. In addition to a new house, which they were given outright, the Harpers received a scholarship fund for their three sons.

Mortgage troubles came after the family used the house as collateral for a $450,000 loan, which was modified by Chase in 2008.

Meanwhile, the family still seems to be trying to raffle off the house. They’ve recently updating their raffle Web site, however, no auction date is listed.

“That is unusual,” said Ms. Gabel, the professor. “That doesn’t pass the smell test. They’re going to have to demonstrate to the court why they should proceed” with the raffle. Plus, she added, any post-bankruptcy petition income might have to go to creditors.

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Fannie Offers Spur to Avoid Foreclosure: WSJ

Fannie Offers Spur to Avoid Foreclosure: WSJ


SFF posted how DJSP is going to begin to run the “Deed In Lieu” for an undisclosed servicer. Is this the opening door to fend off the millions of foreclosure fraud that are being presented in many courts?? Is this they’re way of “taking care of business” prior to any foreclosure? Go here to see Law offices of David J. Stern as a retained attorney for Fannie Mae. NOTE: almost all Mills are on this list.

By NICK TIMIRAOS

Fannie Mae will make it easier for some struggling homeowners to buy houses in the future if they avoid foreclosure in the present.

Under rules released this month that will take effect in July, some troubled borrowers who give up their homes by voluntarily transferring ownership through a “deed in lieu of foreclosure” or by completing a short sale, where a home is sold for less than the amount owed, will be eligible in two years to apply for a new mortgage backed by Fannie.

Currently, borrowers who complete a deed-in-lieu of foreclosure must wait four years before they can take out a loan that Fannie is willing to purchase.

[FANNIE]The new policies from Fannie, a government-backed mortgage-finance company that together with Freddie Mac backs about half of the U.S. mortgage market, don’t relax waiting periods for borrowers who go through foreclosure.

In 2008, Fannie lengthened that waiting period to five years from four.

To quality for the reduced waiting period, most borrowers will need to make a down payment of at least 20%, although borrowers with extenuating circumstances, such as a job loss, will be required to put down just 10%.

Even if waiting periods are shortened, many borrowers may be unlikely to repair their credit that quickly in order to get a loan in the first place. Foreclosures and short sales generally have the same effect on a borrower’s credit score and can stay on a credit report for up to seven years.

The new rules are designed to make foreclosure alternatives more attractive to borrowers at a time when the Obama administration is ramping up its effort to encourage banks to consider alternatives such as short sales. That program sets pre-approved terms for short sales and offers financial incentives to borrowers and lenders to complete such sales.

Freddie Mac requires borrowers to wait five years after a foreclosure and four years after a short sale or deed-in-lieu.

Those periods can fall to three years for a foreclosure or two years for a short sale when borrowers show extenuating circumstances.

Officials at the Federal Housing Administration, the government mortgage insurer, say they are considering changes to their rules, which require borrowers with a foreclosure to wait at least three years before becoming eligible for an FHA-backed loan.

“We are beginning to think about post-recession, how you address borrowers who became unemployed through no fault of their own … and now deserve the right to re-enter the housing-finance system,” said FHA Commissioner David Stevens. DinSFLA: DOUBLE DUH! Beginning to think?? A little too late.

But some worry that policies enabling defaulted borrowers to more quickly resume homeownership could encourage more people to default.

“We don’t want to say that there’s a ‘get out of jail’ card during recessions to walk away from your house,” Mr. Stevens said. DinSFLA: Exactly who is getting the “GET OUT OF JAIL CARD”??

In December, the FHA unveiled rules for borrowers who completed a short sale.

Those who have missed payments prior to completing a short sale or who didn’t face a hardship and simply took advantage of declining market conditions to buy a new home must wait three years.

Posted in fannie mae, foreclosure fraudComments (0)

Honey, I Lost the House. Now It’s Time to Party

Honey, I Lost the House. Now It’s Time to Party


 
Caroline Baum

Honey, I Lost the House. Now It’s Time to Party: Caroline Baum

Commentary by Caroline Baum

April 22 (Bloomberg) — “What a relief, Marge, not to have that huge mortgage payment hanging over our head anymore.”

“You can say that again, Harry. Let’s celebrate. Maybe take a nice vacation. Or buy a new car.”

“What if the bank forecloses on our house? We could be living on the street next year.”

“Exactly. Which is why we need a new car. Maybe something roomy like a Chevy Suburban.”

By now you’ve probably seen the analysis, if you can call it that, on how mortgage defaults are driving consumer spending.

Yes, you read that correctly. Those deadbeat homeowners, facing possible eviction and in some cases unemployed, are throwing caution to the wind — and money at retailers.

In an attempt to explain strong retail sales in the face of high unemployment, depressed consumer confidence and declining real incomes, Paul Jackson, publisher of HousingWire, alit on an idea that he conceded might sound far-fetched: “People are spending their mortgages,” he opined in an April 5 column.

Because the consequences of missing a mortgage payment are so far in the future, thanks to the multitude of government assistance programs, consumers are behaving as if they’ve just been handed a free lunch, he said.

Other economists jumped on the bandwagon. Mark Zandi, chief economist at Moody’s Economy.com, told the Wall Street Journal this week that 5 million households aren’t making payments on their mortgages, giving them “as much as $60 billion to spend.”

Nonsense Exposed

Economists at Goldman Sachs Group Inc. came at it differently. In an attempt to explain how consumer spending exceeded their forecast, they acknowledged their “standard net worth model overstated savings” if households treated residential investment as just another form of consumer spending. Uh-huh.

Blogger Barry Ritholtz called the proponents of the defaults-are-good theory on the carpet, saying in an April 16 post that the analysis got it backward. “Those people voluntarily not paying their mortgages are not buying luxury goods, for the simple reason they cannot afford them,” Ritholtz wrote.

Maybe it’s my age or my upbringing, but I can’t imagine frittering away the interest payments on a delinquent mortgage when the sheriff might show up any day with an eviction notice.

Not everyone lives that way or acts rationally all of the time, the housing bubble being a case in point. After biting off more home than they could afford, consumers are more likely to compensate by being overly cautious. Once bitten, twice shy.

Just ask the banks, which, after an extended period of lax lending and big loan losses, tend to tighten credit standards to an extreme.

Double-Entry Bookkeeping

There’s an even bigger problem with the idea that mortgage defaults are driving consumer spending. When a homeowner misses a mortgage payment, “somebody’s not getting a payment” on the other side, said Thomas Lawler, founder and president of Lawler Housing and Economic Consulting in Leesburg, Virginia.

A mortgage lender or bank experiences reduced cash flow, which means less money flowing to shareholders who, the last time I checked, were consumers in their own right.

Sure, one can argue that the borrower has a greater propensity to consume than the lender, but this is a case of what Lawler calls “single-entry analysis for double-entry bookkeeping” and what I view as an example of Bastiat’s broken window. (See Bastiat, Frederic, “That Which is Seen and That Which is Unseen.”)

It’s like robbing Peter to pay Paul or, more applicable to the current situation, borrowing or taxing the public and calling it “fiscal stimulus.” There is no net gain from transferring spending power from one entity to the next.

Reductio Ad Absurdum

Lawler, a man after my own heart when it comes to carrying an idea to its logical conclusion, offered the following advice to President Barack Obama:

If you believe what the economy needs is a boost to spending, “forget the stupid stimulus,” he said. “Let’s get everyone to stop paying their mortgage.”

Why stop there? Instead of sticking it to renters, who tend to be less well-off than homeowners, Obama should make the plan fairer by spreading some of the wealth around. “Nobody has to pay,” Lawler said. “Let’s have a rent moratorium as well.”

Now there’s a stimulus plan that won’t cost the taxpayer a dime!

(Caroline Baum, author of “Just What I Said,” is a Bloomberg News columnist. The opinions expressed are her own.)

Click on “Send Comment” in sidebar display to send a letter to the editor.

To contact the writer of this column: Caroline Baum in New York at cabaum@bloomberg.net.

Last Updated: April 21, 2010 21:00 EDT

Posted in bloomberg, goldman sachsComments (0)

The Busted Homes Behind a Big Bet: THE ABACUS HOUSES

The Busted Homes Behind a Big Bet: THE ABACUS HOUSES


APRIL 22, 2010 The Wall Street Journal

By CARRICK MOLLENKAMP , MARK WHITEHOUSE And ANTON TROIANOVSKI

ABERDEEN TOWNSHIP, N.J.—The government’s civil-fraud allegation against Goldman Sachs Group Inc. centers on a deal the firm crafted so that hedge-fund king John Paulson could bet on a collapse in U.S. housing prices.

It was a dizzyingly complex transaction, involving 90 bonds and a 65-page deal sheet. But it all boiled down to whether people like Stella Onyeukwu, Gheorghe Bledea and Jack Booket could pay their mortgages.

They couldn’t, and Mr. Paulson made $1 billion as a result.

The Abacus Houses

David Lau for The Wall Street JournalA $652,500 mortgage on this home in Middletown, N.J., was among the nearly 500,000 loans, spread across 48 states and the District of Columbia, on which investors in Abacus made their bets.

 

Mr. Booket, a 44-year-old heating and air-conditioning repairman, owed $300,000 on his three-bedroom home in Aberdeen Township. His house was one of thousands that wound up in a pool of mortgages that were referenced in the so-called collateralized debt obligation, or CDO, which Goldman created for Mr. Paulson. The hedge-fund manager invested heavily in a form of insurance that could yield huge gains if the borrowers grew unable to pay.

In 2006, Mr. Booket got hit by a car while riding a motorcycle from a late-night party, was unable to find much work and couldn’t pay the bank. In October 2008, he lost the house to foreclosure and plans to move out by next week. He says he bears no grudge against Mr. Paulson and Goldman.

“The man came up with a scheme to get rich, and he did it,” says Mr. Booket, who had refinanced his mortgage just months before the accident. “So more power to him.”

More than half of the 500,000 mortgages from 48 states contained in the Goldman deal—known as Abacus 2007-AC1—are now in default or foreclosed.

Mr. Paulson didn’t have any direct involvement in the mortgages contained in the Goldman deal under scrutiny by the Securities and Exchange Commission. And the bets that Mr. Paulson placed on Abacus didn’t affect whether or not homeowners defaulted. Rather, he used Wall Street to help structure hugely lucrative side bets that homeowners such as Mr. Booket couldn’t make their monthly mortgage payments.

One loser in the deal, German bank IKB Deutsche Industriebank AG, saw most of its $150 million Abacus investment evaporate. It had believed that borrowers broadly could afford the loans. The bank says it is cooperating with the SEC’s inquiry.

“There’s no question we made money in these transactions,” said a Paulson spokesman in a statement. “However, all our dealings were through arms-length transactions with experienced counterparties who had opposing views based on all available information at the time. We were straightforward in our dislike of these securities but the vast majority of people in the market thought we were dead wrong and openly and aggressively purchased the securities we were selling.”

[HOUSES]

Some of the people whose mortgages underpinned Mr. Paulson’s wager were themselves taking a gamble—that U.S. housing prices would continue to march upward, making it possible for them to eventually pay off loans they couldn’t afford.

The Wall Street Journal identified homeowners in the Abacus portfolio by taking the 90 bonds listed in a February 2007 Abacus pitchbook and matching them with court records, foreclosure listings, title records and loan servicing reports. The bonds contained nearly 500,000 mortgage loans.

One mortgage in the Abacus pool was held by Ms. Onyeukwu, a 43-year-old nursing-home assistant in Pittsburg, Calif. Ms. Onyeukwu already was under financial strain in 2006, when she applied to Fremont Investment & Loan for a new mortgage on her two-story, six-bedroom house in a subdivision called Highlands Ranch. With pre-tax income of about $9,000 a month from a child-care business, she says she was having a hard time making the $5,000 monthly payments on her existing $688,000 mortgage, which carried an initial interest rate of 9.05%.

Nonetheless, she took out an even bigger loan from Fremont, which lent her $786,250 at an initial interest rate of 7.55%—but that would begin to float as high as 13.55% two years later. She says the monthly payment on the new loan came to a bit more than $5,000.

She defaulted in early 2008 and was evicted from the house in early 2009.

Fremont didn’t respond to requests for comment.

In early 2007, Paulson was identifying different bonds from across the country that it wanted to place bets against. Paolo Pellegrini, Mr. Paulson’s right-hand man, began working with Goldman trader Fabrice Tourre to choose bonds for the Abacus portfolio, say people familiar with the deal.

Abacus was a “synthetic” CDO, meaning that it didn’t contain any actual bonds. Rather, it allowed Paulson’s firm to buy insurance on bonds it didn’t own. If the bonds performed well, Paulson would make a steady stream of small payments—much like insurance premiums. If they performed poorly, Paulson would receive potentially large payouts.

According to the SEC complaint, Mr. Paulson especially wanted to find risky subprime adjustable-rate mortgages that had been given to borrowers with low credit scores who lived in California, Arizona, Florida, and Nevada—states with big spikes in home prices that he reckoned would crash.

Mr. Pellegrini and a colleague had purchased an enormous database capable of tracking the characteristics of more than six million mortgages in various parts of the country. They spent long hours scouring it all, according to people familiar with the matter.

The home mortgage of Gheorghe Bledea was among those that wound up in the Abacus portfolio.

In May of 2006, a broker had approached Mr. Bledea, a Romanian immigrant, to pitch him a deal on a loan to refinance the existing mortgage on his Folsom, Calif., home.

Mr. Bledea, who is suing his lender in Superior Court of California in Sacramento on allegations that he was defrauded, wanted a 30-year fixed-rate loan, according to his complaint. His broker told him the only one available was an adjustable-rate mortgage carrying an 8% interest rate, according his court filing.

Mr. Bledea, who says he has limited English-speaking skills, was told that he’d be able to exit the risky loan in six months and refinance into yet another one carrying a lower 1% rate. Mr. Bledea agreed to take out the $531,000 loan on July 21, 2006.

The new loan never materialized. Within months, Mr. Bledea and his family were struggling under the weight of a $5,800 monthly note, says his son, Joe Bledea.

“We were putting ourselves in a lot of debt,” Joe Bledea says. By spring of 2009, the loan was in default. The elder Mr. Bledea is now appealing to the court to avoid eviction from his ranch-style house, says family attorney Will Ramey.

The deal in which Goldman Sachs, according to the SEC, defrauded some of its investors made hedge-fund king John Paulson a billion dollars. It all pivoted on hundreds of thousands of ordinary homeowners defaulting on their mortgages. WSJ’s Anton Troianovski reports.

The loan, underwritten by Washington Mutual, itself had moved through the U.S. mortgage machine.

It was put into a debt pool, or residential-mortgage backed security, with the arcane name of Long Beach Mortgage Loan Trust 2006-8.

A spokesman for J.P. Morgan Chase & Co., which acquired WaMu in September of 2008, said the bank was unable to comment on the loan.

By mid-October of 2007, just seven months after Abacus was formed, 83% of the bonds in its portfolio had been downgraded. By then, sheriff departments across the U.S. were seizing homes and putting them up for sale at public auction as souring Abacus-related loans metastasized.

In Dayton, Ohio, a two-story home that served as collateral for Abacus now stands empty. The house was purchased for $75,000 in 2006 by a borrower who used a subprime loan from a California-based mortgage bank. That $67,500 loan was placed into a pool called Structured Asset Investment Loan Trust 2006-4, which underpinned Abacus.

After the borrower defaulted, the trust acquired the home through foreclosure in October 2007 and resold it to an investor in April 2008 for $7,500, a tenth of the price paid two years before.

Neighbor Lonnie Ross, sitting on the porch Tuesday morning while enjoying a cigarette, says most homes on the block are vacant or occupied by squatters.

Inside the unoccupied house, which is missing its front door knob, hardwood floors are strewn with old bills. A fake Christmas tree is still decorated with candy canes. Instant pudding and other discarded food litters the kitchen. Dirty dishes are soaking in a sink.

A few blocks away, a homemade sign reads: “This community is dead already. We need leadership to rebuild this community. Too many run down houses need to be torn down.”

News Hub: John Paulson Bullish on Housing

4:15John Paulson, the hedge-fund manager famous for betting against mortgage securities, is now bullish on the U.S. housing market and the economy. MarketWatch reporter Alistair Barr has details.

But not all homes have gone south.

In a wealthy Denver neighborhood, neighbors are thrilled that Joel Champagne rescued a house on East Alameda Circle, where a previous mortgage was contained in the Abacus deal via a pool called First Franklin Mortgage Loan Trust 2006-FF9.

Mr. Champagne bought the home last year for $370,000. The prior owner, according to title records, had paid $1.2 million, borrowing the entire amount from First Franklin. The owner had started on a renovation and then vanished, says Mr. Champagne and neighbors, leaving the home with no plumbing, wiring or roof shingles.

Today, kids’ chalk drawings are scrawled across the drive and hyacinths are starting to peep through the flower beds.

“I’m very fortunate. We capitalized on the market and we were very fortunate to be in a position to do that,” says the 45-year- old. “I don’t know enough details to say if I’m upset with Goldman Sachs or whoever. The problem’s bigger than that. Everyone made a lot of mistakes back then.”

—Stephanie Simon, James R. Hagerty, Serena Ng, Cari Tuna contributed to this article.

Write to Carrick Mollenkamp at carrick.mollenkamp@wsj.com, Mark Whitehouseat mark.whitehouse @wsj.com and Anton Troianovski at anton.troianovski@wsj.com

Posted in goldman sachsComments (0)

REO FRAUD: "I told you…I was trouble, You know that I'm (title) No GOOD!"

REO FRAUD: "I told you…I was trouble, You know that I'm (title) No GOOD!"


All over the US there is mass title defects that have been created to our homes…we are being evicted and titles to our stolen homes are being fabricated by means of Forgery/FRAUD! If these homes have been stolen from us…we have the right to claim them back! Let the unsuspecting homeowner who buys your home that it was fraudulently taken from you! What happens when your car is stolen and reclaimed? It goes back to it’s owner!

Stop by, say hello to the new owner of your stolen home and welcome them to the bogus neighborhood! Oh make sure to show some hospitality and bring them a gift…Umm your Foreclosure Mill Docs!

[youtube=http://www.youtube.com/watch?v=zQ9p6ZFquNY]

 

 

Posted in concealment, conspiracy, corruption, foreclosure fraud, foreclosure mills, robo signer, robo signers, roger stottsComments (0)

Judge Bashes Bank in Foreclosure Case: The Wall Street Journal

Judge Bashes Bank in Foreclosure Case: The Wall Street Journal


Now you know when the Law Offices of David J. Stern reaches the Wall Street Journal, we certainly are getting our point A C R O S S! Thank You AMIR!

LAW APRIL 16, 2010, 11:20 P.M. ET

Judge Bashes Bank in Foreclosure Case

By AMIR EFRATI

A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default.

The ruling, made last month in Pasco County, Fla., comes amid increased scrutiny of foreclosures by the prosecutors and judges in regions hurt by the recession. Judges have said in hearings they are increasingly concerned that banks are attempting to seize properties they don’t own.

Case Documents

Cases handled by the Law Offices of David Stern

The Florida case began in December 2007 when U.S. Bank N.A. sued a homeowner, Ernest E. Harpster, after he defaulted on a $190,000 loan he received in January of that year.

The Law Offices of David J. Stern, which represented the bank, prepared a document called an assignment of mortgage” showing that the bank received ownership of the mortgage in December 2007. The document was dated December 2007.

But after investigating the matter, Circuit Court Judge Lynn Tepper ruled that the document couldn’t have been prepared until 2008. Thus, she ruled, the bank couldn’t prove it owned the mortgage at the time the suit was filed.

The document filed by the plaintiff, Judge Tepper wrote last month, “did not exist at the time of the filing of this action…was subsequently created and…fraudulently backdated, in a purposeful, intentional effort to mislead.” She dismissed the case.

Forrest McSurdy, a lawyer at the David Stern firm that handled the U.S. Bank case, said the mistake was due to “carelessness.” The mortgage document was initially prepared and signed in 2007 but wasn’t notarized until months later, he said. After discovering similar problems in other foreclosure cases, he said, the firm voluntarily withdrew the suits and later re-filed them using appropriate documents.

“Judges get in a whirl about technicalities because the courts are overwhelmed,” he said. “The merits of the cases are the same: people aren’t paying their mortgages.”

Steve Dale, a spokesman for U.S. Bank, said the company played a passive role in the matter because it represents investors who own a mortgage-securities trust that includes the Harpster loan. He said a division of Wells Fargo & Co., which collected payments from Mr. Harpster, initiated the foreclosure on behalf of the investors.

Wells Fargo said in a statement it “does not condone, accept, nor instruct counsel to take actions such as those taken in this case.” The company said it was “troubled” by the “conclusions the Court found as to the actions of this foreclosure attorney. We will review these circumstances closely and take appropriate action as necessary.”

Since the housing crisis began several years ago, judges across the U.S. have found that documents submitted by banks to support foreclosure claims were wrong. Mistakes by banks and their representatives have also led to an ongoing federal criminal probe in Florida.

Some of the problems stem from the difficulty banks face in proving they own the loans, thanks to the complexity of the mortgage market.

The Florida ruling against U.S. Bank was also a critique of law firms that handle foreclosure cases on behalf of banks, dubbed “foreclosure mills.”

Lawyers operating foreclosure mills often are paid based on the volume of cases they complete. Some receive $1,000 per case, court records show. Firms compete for business in part based on how quickly they can foreclose. The David Stern firm had about 900 employees as of last year, court records show.

“The pure volume of foreclosures has a tendency perhaps to encourage sloppiness, boilerplate paperwork or a lack of thoroughness” by attorneys for banks, said Judge Tepper of Florida, in an interview. The deluge of foreclosures makes the process “fraught with potential for fraud,” she said.

At an unrelated hearing in a separate matter last week, Anthony Rondolino, a state-court judge in St. Petersburg, Fla., said that an affidavit submitted by the David Stern law firm on behalf of GMAC Mortgage LLC in a foreclosure case wasn’t necessarily sufficient to establish that GMAC was the owner of the mortgage.

“I don’t have any confidence that any of the documents the Court’s receiving on these mass foreclosures are valid,” the judge said at the hearing.

A spokesman for GMAC declined to comment and a lawyer at the David Stern firm declined to comment.

Write to Amir Efrati at amir.efrati@wsj.com

Related Articles

U.S. Probes Foreclosure-Data Provider
4/3/2010

Two Different Plaintiffs Claim to Own Same Mortgage
11/14/2008

Some Judges Stiffen Foreclosure Standards
7/26/2008

The Court House: How One Family Fought Foreclosure
11/28/2007

Judges Tackle “Foreclosure Mills”
11/30/2007

Wells Fargo Is Sanctioned For Role in Mortgage Woes
4/30/2008

Judge reversed his own ruling that had granted summary judgment to GMAC Mortgage (DAVID J. STERN)

GMAC v Visicaro Case No 07013084CI: florida judge reverses himself: applies basic rules of evidence and overturns his own order granting motion for summary judgment

OVERRULED!!! Florida Judge Reverses His own Summary Judgment Order!

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



Posted in concealment, conspiracy, CONTROL FRAUD, corruption, djsp enterprises, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, forensic mortgage investigation audit, Law Offices Of David J. Stern P.A., MERS, us bankComments (2)

Mortgage series part 8—they are trying to steal your house after they already stole your money

Mortgage series part 8—they are trying to steal your house after they already stole your money


user

Mortgage series part 8—they are trying to steal your house after they already stole your money

By: Cynthia Kouril Tuesday April 6, 2010 4:19 am

Imagine, if you will, a bank sets up a mortgage backed security.  The security is backed by a trust that holds all the mortgages and notes. The trust document says that all of the mortgages that would be included in that particular security had to be transferred into the trust by a particular date. That date is long since passed.

You are now in foreclosure, and attached to the summons and complaint is a copy of an assignment of your mortgage, within the last few days before the date of the summons and complaint, transferring your mortgage into the trust. What does that all mean?

It could  mean that the trustee did not actually own your mortgage and that all the money that you have paid on that mortgage that went to pay the holders of the security associated with that trust was paid to the wrong party.

Why? Because the mortgage was not transferred into the trust before your payments were directed to it. And the after the fact assignment doesn’t remedy it, because the trust was required to close the book on adding new mortgages into the trust, on a date long since passed. So, the trustee accepted payments from you even though your mortgage was not a part of that trust. You were paying the wrong party.

Then to add insult to injury, the trustee is trying to take your home away.

Oh, and the last minute assignment –may be a forgery.  Ain’t that just the icing on the cake?

These are the cranium exploding allegations being made by white collar fraud expert Lynn Szymoniak, Esq.

In a letter to an Assistant United States Attorney, Ms. Szymoniak alleges

This letter concerns possible fabricated and forged mortgage-related documents that are being filed by banks in foreclosure actions in Massachusetts, Florida and throughout the country.

These documents were prepared by a company known as DOCX, LLC, a company that claims to “expedite” the mortgage foreclosure process for banks and mortgage lenders. DOCX is located in Alpharetta, Georgia, and is owned by a Jacksonville, Florida company, Fidelity National Financial, Inc.

In many cases, DOCX has provided Assignments so that banks that have purchased mortgages from the original lender may pursue foreclosure even when the proper documents have not been prepared, executed and filed. These documents very often appear in cases where the mortgage has been purchased, and combined with others to create to an asset-back security. Deutsche Bank National Trust Company is one of the banks that have frequently used mortgage-related documents prepared by DOCX.

 

Similar letters have been sent to Phil Angelides, Sheila Bair, Barnie Frank, a Clerk of the Court in Florida, and a Florida State’s Attorney.

Ms. Szymoniak goes on to reveal that clerks at DOCX are signing these documents pretending to be employees of varies banks and other financial institutions. For example:

… on mortgage documents prepared by DOCX, since January 1, 2006, Linda Green has signed as a Vice President of at least eight different banks and mortgage companies, including: Bank of America, Wells Fargo Bank, Option One Mortgage Corporation, American Home Mortgage Servicing, American Home Mortgage Acceptance, Argent Mortgage Company, LLC, Sand Canyon Corporation, and Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for HLB Mortgage.

Korell Harp’s purported signature appears on documents where he is identified as Vice President of MERS as nominee for Quick Loan Funding, Vice president and Assistant Secretary for Argent Mortgage Company, Authorized Signer for USAA Federal Savings Bank, Vice President of American Home Mortgage Servicing, Inc., as successor-in- interest to Option One Mortgage Corporation, Vice President of American Home Mortgage Acceptance, Inc., and Vice President of Sand Canyon Corporation.

 Tywanna Thomas’s purported signature appears on documents where she is identified as Assistant Vice President of MERS, as nominee for Quick Loan Funding, Inc.; Assistant Secretary of MERS, as nominee for American Home Mortgage Acceptance, Inc.; Assistant Vice President of Sand Canyon Corporation, formerly known as Option One Mortgage; and Vice President & Assistant Secretary of Argent Mortgage Company.

 Other names that appear on hundreds of DOCX assignments, as officers of many different banks, include Jessica Odhe, Brent Bagley, Christie Baldwin, Cheryl Thomas and Linda Thoresen. These documents have all been notarized in Fulton County, Georgia. An examination of the signatures also reveals that the signatures of the same person vary significantly.

Via: http://seminal.firedoglake.com/diary/39238

Posted in concealment, conspiracy, corruption, DOCX, erica johnson seck, FIS, foreclosure fraud, foreclosure mills, fraud digest, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, robo signer, robo signersComments (0)

LPS Offers Clarification to Recent Article: PRNewsWire

LPS Offers Clarification to Recent Article: PRNewsWire


Not Sooooo Fast! What corrections have you made here… exactly?? Have you corrected the families who are torn apart? Have you made corrections to notified all the many who lost their home by this? Have you made corrections to notify the lenders? Click Here

LPS Offers Clarification to Recent Article 

JACKSONVILLE, Fla., April 5 /PRNewswire-FirstCall/ — Lender Processing Services, Inc. (NYSE: LPS), a leading provider of integrated technology and services to the mortgage industry, today provided clarification to a recent article published by the Wall Street Journal.

As indicated in LPS’ most recent Form 10-K, filed in February 2010, LPS reported that during an internal review of the business processes used by its document solutions subsidiary, the Company 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 the Company’s core default management services and were immaterial to the Company’s financial results. LPS immediately corrected the business process and has completed the remedial actions necessary to minimize the impact of the error.

LPS 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 the Company’s document solutions subsidiary. In response, LPS met with the Clerk of Court, along with members of her staff, and reported on the Company’s identification of the error and the status of the corrective actions that were underway. LPS has since completed its remediation efforts with respect to all of the affected documents and believes the Clerk of the Court has completed its review and closed the matter.

As stated in the Company’s Form 10-K, the U.S. Attorney’s office for the Middle District of Florida is reviewing the business processes of this subsidiary. LPS has expressed its willingness to fully cooperate with the U.S. Attorney. LPS continues to believe that it has taken necessary remedial action with respect to this matter.

About Lender Processing Services

LPS is a leading provider of integrated technology and services to the mortgage industry. LPS offers solutions that span the mortgage continuum, including lead generation, origination, servicing, portfolio retention, risk management and default, augmented by the company’s award-winning customer support and professional services. Approximately 50 percent of all U.S. mortgages are serviced using LPS’ MSP. LPS also offers proprietary mortgage and real estate data and analytics for the mortgage and capital markets industries. For more information about LPS, please visit www.lpsvcs.com.

SOURCE Lender Processing Services, Inc.

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RELATED LINKS
http://www.lpsvcs.com

PRNewsWire.com

Posted in fraud digest, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQComments (0)

Mortgage Fraud: Lender Processing Services by Lynn Szymoniak, ESQ.

Mortgage Fraud: Lender Processing Services by Lynn Szymoniak, ESQ.


Mortgage Fraud 

Lender Processing Services
 

Action Date: April 4, 2010 
Location: Jacksonville, FL 

In the first 3 days of April, 2010, the Wall Street Journal and the Jacksonville Business Journal both reported that Lender Processing Services was the subject of a federal criminal investigation involving a subsidiary company, Docx, LLC in Alpharetta, Georgia. A representative of the company reportedly acknowledged the investigation. Foreclosure defense blogs, and this website, have reported some of the problems with mortgage assignments prepared by Docx including Assignments where the grantor or grantee was described as “Bogus Assignee for Intervening Asmts” or “A Bad Bene.” Docx also produced many assignments with an effective date of 9/9/9999. In other cases, the effective date was listed as 1950. Other Assignments listed the amount of the original mortgage as $.00 or $.01. Still other assignments were missing signatures. The Docx office has produced over one million mortgage assignments in the last few years and filed these assignments in recorders’ offices across the country. How many Assignments were defective? Did any foreclosures occur based on the defective documents? Were court clerks notified of the defective assignments? Were borrowers notified? Were mortgage companies and banks notified? The company disclosures to date raise even more questions regarding the role of document mills in the national foreclosure crisis. Courts and litigants everywhere will be waiting for more complete disclosures. 

Posted in concealment, conspiracy, corruption, DOCX, FIS, foreclosure fraud, foreclosure mills, forensic mortgage investigation audit, fraud digest, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, robo signer, robo signersComments (8)

U.S. Probing LPS Unit Docx LLC: Report REUTERS

U.S. Probing LPS Unit Docx LLC: Report REUTERS


By REUTERS Published: April 3, 2010
Reuters

CHICAGO (Reuters) – A unit of Lender Processing Services Inc, a U.S. provider of paperwork used by banks in the foreclosure process, is being investigated by federal prosecutors, the Wall Street Journal reported on Saturday.

Citing people familiar with the matter, the newspaper said a government probe into the business practices of the LPS unit was “criminal in nature.” According to the report, the probe was disclosed in LPS’s annual report in February.

The subsidiary being investigated is Docx LLC, which processes and sometimes produces documents used by banks to prove they own mortgages, the report said.

According to the report, among Docx documents being reviewed was one that incorrectly claimed an entity called “Bogus Assignee” was the owner of the loan.

The report cited LPS spokeswoman Michelle Kersch as saying that the “bogus” phrase was used as a placeholder and that some documents had been “inadvertently recorded before the field was updated.”

(Writing by James B. Kelleher)

Posted in concealment, conspiracy, corruption, DOCX, foreclosure fraud, foreclosure mills, Lender Processing Services Inc., LPS, Lynn Szymoniak ESQComments (2)

U.S. Probes Foreclosure-Data Provider:Lender Processing Services Unit Draws Inquiry Over the Steps That Led to Faulty Bank Paperwork (LPS VIDEOS)

U.S. Probes Foreclosure-Data Provider:Lender Processing Services Unit Draws Inquiry Over the Steps That Led to Faulty Bank Paperwork (LPS VIDEOS)


Keep in mind this is only on the Georgia Subsidiary “DocX” mean while back at the ranch in Minnesota much, much, much more fraud has been created see the videos below.

APRIL 3, 2010 The Wall Street Journal

U.S. Probes Foreclosure-Data Provider

Lender Processing Services Unit Draws Inquiry Over the Steps That Led to Faulty Bank Paperwork

By AMIR EFRATI and CARRICK MOLLENKAMP

A subsidiary of a company that is a top provider of the documentation used by banks in the foreclosure process is under investigation by federal prosecutors.

The prosecutors are “reviewing the business processes” of the subsidiary of Lender Processing Services Inc., based in Jacksonville, Fla., according to the company’s annual securities filing released in February. People familiar with the matter say the probe is criminal in nature.

Michelle Kersch, an LPS spokeswoman, said the subsidiary being investigated is Docx LLC. Docx processes and sometimes produces documents needed by banks to prove they own the mortgages. LPS’s annual report said that the processes under review have been “terminated,” and that the company has expressed its willingness to cooperate. Ms. Kersch declined to comment further on the probe.

A spokesman for the U.S. attorney’s office for the middle district of Florida, which the annual report says is handling the matter, declined to comment.

The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to pin down who the real owner of a mortgage is, thanks to the complexity of the mortgage market.

During the housing boom, mortgages were originated by lenders, quickly sold to Wall Street firms that bundled them into debt pools and then sold to investors as securities. The loans were supposed to change hands but the documents and contracts between borrowers and lenders often weren’t altered to show changes in ownership, judges have ruled.

That has made it hard for banks, which act on behalf of mortgage-securities investors in most foreclosure cases, to prove they own the loans in some instances.

LPS has said its software is used by banks to track the majority of U.S. residential mortgages from the time they are originated until the debt is satisfied or a borrower defaults. When a borrower defaults and a bank needs to foreclose, LPS helps process paperwork the bank uses in court.

LPS was recently referenced in a bankruptcy case involving Sylvia Nuer, a Bronx, N.Y., homeowner who had filed for protection from creditors in 2008.

Continue reading … The Wall Street Journal

[youtube=http://www.youtube.com/watch?v=hY4aRn6bWKg]

[youtube=http://www.youtube.com/watch?v=3tL8mNL4bYw]

[youtube=http://www.youtube.com/watch?v=9UbE6ryohJY]

and this is their video of the Minnesota Branch where they worry about “security”. I wonder if Christina Allen, Topako Love, Eric Tate, Laura Hescott were in this video?? Listen towards (4:41), they use “Delivery” or “Destruction“.

[youtube=http://www.youtube.com/watch?v=Ec4LpBa5nsk]

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



Posted in concealment, conspiracy, corruption, DOCX, FIS, foreclosure fraud, foreclosure mills, Lender Processing Services Inc., LPSComments (5)


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