Excerpts:

Q Do you have any knowledge of why American
Home Servicing, Inc. no longer does business with
DOCX?

A There were deficiencies in the documents
that they were producing.

Q What sort of deficiencies in general?

A They weren’t deficiencies. They weren’t
 prepared correctly

Q Can you give me any more detail about that?
I’m not asking about this specific case yet. Just in
general what sort of deficiencies?

A Some of the assignments weren’t properly
conveying the assignor/assignee appropriate parties.

Q As to the present mortgage that we’re here
on today, do you know whether American Home
Servicing, Inc. has ever had any ownership of the
beneficial interest in the payments due under the
note and secured by the mortgage?

A No, we’re strictly the servicer.

Q So at no time has American Home Servicing,
Inc. actually owned any interest in the mortgage; is
that correct?

MR. COOK: Object to the form.

THE WITNESS: No, we have not.

[...]

Q Now, do you know a person by the name of
Tywanna Thomas?

A No.

Q Have you ever heard that name?

A Yes.

Q In what context have you heard or become
familiar with that name?

A I’ve seen her name on assignments that they
prepared.

Q That DOCX prepared?

A Yes.

Q Has it ever come to your attention that
there are some irregularities with assignments
allegedly signed by Ms. Thomas and prepared by DOCX?

Mr. COOK: Object to the form.

THE WITNESS: Yes.

BY MR. TRENT:

Q What about Korell Harp, K-O-R-E-L-L,
H-A-R-P? Same question. Do you know Korell Harp?
that particular assignment came about?

MR. COOK: Object to the form.

THE WITNESS: How it came about?

BY MR. TRENT:

Q Yes. Isn’t it a fact, ma’am, that this is
a DOCX assignment? I’ll just hand you the exhibit.

MR. TRENT: It’s Exhibit –

THE WITNESS: Two.

MR. TRENT: — two.
(Thereupon, Defendants’ Exhibit Number 2
was marked for identification.)

BY MR. TRENT:

Q It has the Notice of Filing in the front,
but skip that.

MR. COOK: Do you want some time to
review the document?

THE WITNESS: I forgot the question.

BY MR. TRENT:

Q Isn’t it a fact, ma’am, that this document
was prepared by DOCX?

A Yes.

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MERS, LPS, MERS, LPS everywhere is MERS or LPS…

This involves Tywanna Thomas, who we all know worked for Lender Processing Services’ DocX. We learned a lot from the deposition of Cheryl Denise Thomas aka Tywanna’s Mother who also worked with her.

My San Antonio-

Ezequiel Martinez, a San Antonio real estate investor who helps homeowners avoid foreclosure, recently found himself in the same predicament as his clients.

Rather than simply fight to stop the foreclosure on his Live Oak investment home, Martinez filed suit against his lender, saying the mortgage should be voided because of phony loan documents and because he doesn’t think the bank can prove it owns the mortgage note.

If Martinez wins the case, he just might be done making mortgage payments on the house at 7502 Forest Fern.

“We’re not trying to get a free house,” he explained. “We’re trying to save the house from foreclosure fraud.”

By Lynn Szymoniak, ESQ.

False Statements

American Home Mortgage Servicing
DocX, LLC
Lender Processing Services
Sand Canyon Corporation
Wells Fargo Bank, N.A.

Action Date: June 12, 2011
Location: Phoenix, AZ

On June 10, 2011, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit issued an important and lengthy analysis of standing and real-party-in-interest issues in a foreclosure case in Veal v. American Home Mortgage Servicing, BAP No. AZ-10-1055-MkKiJu.

GSF Mortgage Corporation was the original lender in this case. Wells Fargo Bank, as Trustee for Option One Mortgage Loan Trust 2006-3, and its servicer, American Home Mortgage Servicing, Inc., sought to set aside the automatic bankruptcy stay in order to foreclose on the Veals. The note was not endorsed to Wells Fargo or to the trust. As part of their efforts to establish standing, and real-party-in-interest status, Wells Fargo and American Home Mortgage Servicing, the servicer for the Trust, filed a mortgage assignment.

The Assignment was prepared by Docx, LLC in Alpharetta, GA, the document mill made famous by Fraud Digest, then by 60 Minutes, Reuters, The Washington Post, the New York Times, Huffington Post, Firedoglake, Naked Capitalism, Foreclosure Hamlet, 4closure Fraud, Stop Foreclosure Fraud, the Wall Street Journal, and many others. While Docx is now closed, its documents live on in courts and recorders offices across the country.

The Veal Assignment was signed by Tywanna Thomas and Cheryl Thomas who claimed to be officers of Sand Canyon Corporation formerly known as Option One Mortgage. From deposition testimony of Cheryl Thomas, it is known that both Cheryl and Tywanna Thomas were actually employees of Lender Processing Services, the company that owned Docx. There are many different versions of the Tywanna Thomas signature because, as we now know, the employees in Alpharetta forged each other’s names on witnessed and notarized documents.

The Assignment was signed (by someone) on November 10, 2009, but a line on the Assignment right underneath the legal description of the property states:
“Assignment Effective Date 10/13/2009.”

The closing date of the trust was October 27, 2006, almost three years prior to the Assignment effective date. Investors were told the trust would obtain actual Assignments to the Trust of the mortgages pooled in that trust by the closing date.

Dale Sugimoto, the president of Sand Canyon, said in a sworn affidavit on March 18, 2009, filed in the Ron Wilson bankruptcy case in the Eastern District of Louisiana, Case No. 10-51328, Document 52-3, that Sand Canyon does not own any residential mortgages and has no servicing rights.

To summarize:

1. Cheryl Thomas and Tywanna Thomas were not officers of Sand Canyon, as represented on the Assignment. Someone other than Tywanna Thomas and Cheryl Thomas often forged their names.

2. The Veal loan was not transferred to the Option One trust effective October 13, 2009, as represented on the Assignment.

3. Sand Canyon did not own the Veal mortgage and, therefore, had no authority to assign the mortgage to the Option One Trust. The Latin phrase – Nemo dat quod non habit – best covers this situation. Translation: one cannot give what one does not have.

Investors in this Option One trust, the Bankruptcy Judge in the Veal case, bankruptcy trustees with similar documents, homeowners and their lawyers, the SEC, and the Justice Department must all demand answers (and reparations) from the Trustee, the document custodian, the servicer and Lender Processing Servicing.

LegalNews-

If someone does not pay their mortgage they will lose their home. But banks have to play by the rules, too.” Hertel further stated,

“We are looking at a massive fraud committed against the people of the state of Michigan.”

From previous post below:

NC Reg. of Deeds Thigpen Releases Approx. 4,500 DocX Signature Spread Sheet

.

.

.

BLOOMBERG-

The signatures of the same names on more than 4,500 documents handled by Lender Processing Services Inc. (LPS) for real estate valued at $624.8 million varied enough to raise doubts about their validity, Jeff Thigpen, register of deeds in Guilford County, North Carolina, told reporters today in Greensboro.

Check out the link to documents below…

NC Reg. of Deeds Thigpen Releases Approx. 4,500 DocX Signature Spread Sheet

Take a look at all these residents with DocX signatures…this is only the beginning to his quest. In matter of fact he’s found about 2,300 others.

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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

NEWS FOR IMMEDIATE RELEASE
Salem, MA May 3rd, 2011
Contact: Kevin Harvey, 1st Assistant Register 978-542-1724
kevin.harvey@sec.state.ma.us

The 1960’s television show “To Tell the Truth”, where imposters pretend to be the central character, is playing out today at the Essex Southern District Registry of Deeds and Register John O’Brien is not happy about it. After the 60 Minutes’ expose on Mortgage Fraud was aired and showed that leading mortgage services have been using forged documents to foreclose on homeowners, Register John O’Brien reviewed mortgage discharges recorded in his Registry. To view the 60 Minutes Article and a link to the video, go to http://www.cbsnews.com/stories/2011/04/01/60minutes/main20049646.shtml

What he found astonished him. In 2010 alone, 286 Bank of America’s mortgage discharges were recorded with what he calls “questionable and possibly fraudulent signatures of the notorious Linda Green.” O’Brien said that he has found at least four variations of Green’s signature recorded in his Registry.

Green, who was spotlighted in the 60 Minutes Episode, had her name signed by various individuals on thousands of documents recorded at Registries of Deeds throughout the state of Massachusetts and across the nation. In Register O’Brien’s opinion, these documents have corrupted Essex County homeowner’s chains of title. “I have a responsibility to ensure that the documents recorded in my Registry meet the statutory requirements of recording. If, however, I am presented with evidence that clearly shows that fraud may have been committed then it is my responsibility as the keeper of records to turn these documents over to the appropriate authorities for their review and action.”

O’Brien has today forwarded certified copies of these discharges to United States Attorney, Carmen Ortez, Attorney General, Martha Coakley, and Essex County District Attorney, Jonathan Blodgett. “If what I suspect has happened, then the people who have committed this fraud should be held accountable for their actions” commented O’Brien. O’Brien fears that this fraudulent behavior is only the tip of the iceberg and feels strongly that lenders and mortgage servicers should be held accountable for their actions. Actions which he originally only thought involved a scheme to circumvent the land recordation system by creating a private, for profit cyber-registry to benefit the big bank’s pocketbooks. Now it seems that MERS, and its member banks may have added fraud to their repertoire of services that they offer.

Register O’Brien questions if a good portion of this foreclosure mess could have been avoided in the first place, if the big banks did what they were supposed to do and recorded assignments like other lenders do. Register O’Brien believes: 1) Homeowners deserve to know who owns their mortgages; 2) Assignments should be recorded in the appropriate registry of deeds, each and every time a mortgage is sold, to provided transparency and public disclosure of ownership; and 3) Any and all documents should be signed by an authorized authority at the entity that actually owns and holds the note secured by the mortgage.

PRESS RELEASE
May 2, 2011

For Immediate Release
Greensboro, NC
May 2, 2011

Contact:  Jeff Thigpen Guilford County Register of Deeds

Ph. 336-451-5300
Ph.  336-641-4802
Email: jthigpe@co.guilford.nc.us

PRESS RELEASE

Register of Deeds Jeff Thigpen Uncovers Possible Fraud by Wells Fargo, Bank of America, and MERS

Guilford County Register of Deeds Jeff Thigpen will hold a press conference in the Blue Room in the Old Guilford County Courthouse on Wednesday, May 6th at 10 am  to reveal the findings of an internal investigation initiated after a 60 Minutes segment called “The Mortgage Paperwork Mess” that followed alleged fraud committed the company Doc X, owned by Lender Proccessing Services (LPS) and contracted with major mortgage and banking institutions including Wells Fargo, Bank of America and the Mortgage Electronic Registration Systems (MERS) Inc.

Register of Deeds Thigpen will be joined by Lynn Szymoniak, an attorney interviewed during the segment by 60 Minutes Scott Pelley.   The findings of this internal investigation will be revealed and forwarded to the appropriate federal and state agencies including the Federal Reserve, Federal Deposit Insurance Corporation (FDIC), Office of Thrift Supervision (OTS), and Office of Comptroller of the Currency (OCC).

The findings will be submitted to Iowa Attorney General Tom Miller, heading the 50 State Attorney General Investigations into Foreclosure Fraud, and North Carolina Attorney General Roy Cooper, current President of the National Association of Attorneys General for their consideration and the financial services institutions.

Register of Deeds Thigpen will also announce actions taken involving Lenders and Mortgage companies to address the findings of this investigation.

###

*April 4, 2011 60 Minutes segment on Mortgage Mess:

http://www.cbsnews.com/video/watch/?id=7361572n

http://www.cbsnews.com/video/watch/?id=7361572n&tag=contentMain;contentBody

source: Guildforddeeds.com

MICHIGAN MESSENGER-

Curtis Hertel Jr., Register of Deeds for Ingham County, says that a discovery he made involving alleged fraudulent mortgage documents is now being investigated by both the Ingham County Sheriff’s Department and the FBI.

“Yes, this is, in my opinion, fraud,” Hertel said. “This is a situation where people were forging someone else’s name to a legal document to take another person’s property. That is fraud.”

Curtis Hertel: “If you look at the signatures, it’s amazing that they thought they could get away with this.”

LOL– These are not the ORIGINAL Assignments, They’re locked up in a vault … (sure they are)

From the Letter:

“In addition to transferring the mortgage through an unrecorded assignment at the time the assignee securitization trust obtains the loan, it has been industry practice for the loan servicer to have an assignment of mortgage executed and recorded in the name of the trustee for the securitization trust typically shortly before a foreclosure action is commenced. This latter assignment would be recorded to put record title into the name of the owner or holder of the loan, to eliminate any confusion about the assignee being the appropriate plaintiff to commence the foreclosure action. However, this assignment would not act to transfer ownership or holder status to that assignee, which occurred earlier, as explained above.

Although there exists a signed and notarized unrecorded assignment of mortgage in favor of the securitization trustee in a loan file maintained under contract by a custodian retained by the trust, in most cases it is very burdensome and costly to obtain that old, original assignment and more troublesome to record it, which is a document in favor of blank (that is, the name of the assignee is not filled in) and is dated, signed, and notarized years ago; it is generally less burdensome, more efficient, and less expensive to have foreclosure counsel review the current state of title and counsel or a document preparer prepare, sign, notarize, and record a currently prepared assignment, pursuant to appropriate corporate authority.”

ENTIRE LETTER:

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From Business Insider

I ask the following very simple question. Did this activity violate the RICO Act? In what manner might the the RICO Act have been violated? Try the following on for size:
1. Mail and wire fraud.
2. Extortionate credit transactions.
3. Obstruction of justice.
4. Interference of commerce.
5. Laundering of monetary instruments.
6. Monetary transactions in property derived from specified unlawful activities.
7. Relating to trafficking in goods and services bearing counterfeit marks.
8. Fraud in the sale of securities.

From CBS 60 Minutes

As it turns out, Wall Street cut corners when it bundled homeowners’ mortgages into securities that were traded from investor to investor. Now that banks are foreclosing on people, they’re finding that the legal documents behind many mortgages are missing. So, what do the banks do? As Pelley explains in this video, some companies appear to be resorting to forgery and phony paperwork in what looks like a nationwide epidemic.

Even if you’re not at risk of foreclosure, there could be legal ramifications for a homeowner if the chain of title has been lost. Watch the “60 Minutes” report and listen to Pelley’s discussion with “60 Minutes Overtime” editor Ann Silvio about the findings of his reporting team.