Update 1/7/2011:
BREAKING NEWS: AFFIRMED MASSIVE VICTORY RULING FOR HOMEOWNERS “IBANEZ, LaRACE”
I have personally read this Amicus Brief and seen the exhibits and this is Explosive!!
This is a must read for any defense attorney and judges!
“Marie,
This is without question the most important decision so far in the war against the unlawful and fraudulent conduct of the originators, securitizers, out-source-providers, default servicers, and their so-called lawyers! The Judge articulates the business models we are dealing with better than anyone has done in any opinion, article or brief. I am sure your work contributed greatly to the education of the court and for that you should be highly commended. This Judge really and truly got it! It is the perfect outline of the transactional requirements and debunks every bogus argument that the other side has been advancing for year”.
O. MAX GARNDER III-
Dear Damian,
I have attached a sampling from my Amicus Brief filed on Friday, October 1, 2010 with the Massachusetts Supreme Judicial Court in the landmark cases that are presently on appeal from the Massachusetts Land Court styled: U.S. Bank v. Ibanez and its companion case, Wells Fargo Bank v. LaRace.
My brief reveals groundbreaking evidence that Antonio Ibanez’s loan was most likely securitized twice – a hidden fact unknown until now.
Moreover, the Assignment of Mortgage allegedly conveying the Ibanez loan to U.S. Bank, executed by “robo-signer” Linda Green, violated the Pooling and Servicing Agreement and other Trust documents.
Finally I expose the fact that U.S. Bank, who bought the Ibanez property at foreclosure for $94,350, sold it on December 15, 2008 for $0.00. That’s right, they foreclosed on Ibanez’s property so that they could give it away!
With respect to Mark and Tammy LaRace, I am happy to report that through the efforts of Attorney Glenn F. Russell, Jr. and myself, the LaRaces moved back into their home in January of this year, two and a half years post-foreclosure!
My Amicus Brief reveals that Wells Fargo Bank’s own documents prove that they did not have the authority to foreclose on the LaRaces. Therefore, the Assignment of Mortgage, Power of Attorney, Affidavit, and Foreclosure Deed executed by “robo-signer” Cindi Ellis were all unauthorized.
Wells Fargo Bank’s recent statement that it does not have the same “document” problem that GMAC, JPMorgan Chase, and Bank of America have admitted to is simply not true. I have audited many, many foreclosure files where Wells Fargo Bank employees and their agents have manufactured false documents to prosecute wrongful foreclosures such as in the LaRaces’ case.
Marie McDonnell, CFE
Truth In Lending Audit & Recovery Services, LLC
Mortgage Fraud and Forensic Analyst
Certified Fraud Examiner
http://truthinlending.net/
30 Main Street, Rear
P.O. Box 2760
Orleans, MA 02653
Tel. (508) 255-8829
Cell (508) 292-5555
Fax (508) 255-9626
UPDATE: 10/13/2010 As Filed
[ipaper docId=38884691 access_key=key-13f8jmfld9d7c1a156cg height=600 width=600 /]
© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Marie, that brief was fantastic. You are on your game. Now, will the judges rule correctly? With the present pressure in the media and now coming from congress, the court may just reverse everything. I am involved with a foreclosure where the plaintiff created a fake assignment made by MERS but really made by Ocwen. And all the signatures on it appear to be perjured. That fight has not come up yet. But I did get copies of the real signatures of these people from their notary applications. And comparing them, they are not the same. I really appreciate your brief. I hope many other judges read it and will return to the rule of law.
Lit, thank you for your comments above. Please be aware that the abreviated version of my Amicus Brief, which you may have found on this website, does not contain the Facts and Arguments which constitute the most important part of my findings. I would encourage you to go to my website and order the complete Amicus Brief and Exhibits because they offer a roadmap for you to follow with respect to your own case. The facts, illuminated by my forensic examination of the evidence, are irrefutable and cannot be ignored. For this reason I predict that Judge Long’s erudite and accurate findings of fact and conclusions of law in his two landmark decisions of March 26, 2009 and October 14, 2009 will be upheld.