Aptitude Solutions’ ShowCase & OnCore Acclaim Software to Provide Greater Efficiency and
Secure Access to Courts & Land Records Information
This is IMPORTANT!!! They may go under similar names.
07/16/2010 – Lake County, Florida Clerk of the Circuit Court Signs with Aptitude Solutions for Court Case Management and Land Records Software – Read Story
07/15/2010 – Arapahoe County, Colorado, Clerk and Recorder Implements Aptitude Solutions’ Land Fraud Registration and Notification System – Read Story
07/1/2010 – Webb County, Texas, County Clerk’s Office Signs with Aptitude Solutions’ for Oncore Acclaim Land Records Software System – Read Story
05/03/2010 – San Diego County Assessor/Recorder/County Clerk to Implement LPS Aptitude Solutions’ OnCore Acclaim Recording System – Read Story
04/29/2010 – Palm Beach County Clerk and Comptroller to Implement LPS Aptitude Solutions’ OnCore Acclaim Recording System – Read Story
02/22/2010 – Arapahoe County, Colorado, Implements Aptitude Solutions’ Software Suite, including the OnCore Recording Platform, For Greater Efficiency and Records Access – Read Story
02/11/2010 – Johnston County, N.C. Register of Deeds uses Aptitude Solutions’ OnCore Recording Software for Electronic Recording of Survey Maps – Read Story
01/25/2010 – Broward County, Florida, Implements Aptitude Solutions’ Automated Indexing Optical Character Recognition Technology with OnCore – Read Story
01/25/2010 – Larimer County, Colorado, Implements Aptitude Solutions’ Automated Indexing Optical Character Recognition Technology with OnCore – Read Story
01/25/2010 – Johnston County, N.C. Register of Deeds Implements Aptitude Solutions’ Automated Redaction Software for Protecting Sensitive Information in Public Records – Read Story
01/04/2010 – Dauphin County, Pennsylvania Implements Aptitude Solutions Automated Redaction Software for Protecting Sensitive Information in Public Records – Read Story
11/20/2009 – Cherokee County Clerk of Superior Court Signs Contract with Aptitude Solutions for Court Case Management Software – Read Story
11/12/2009 – Tipton County, Indiana, Signs with Aptitude Solutions to Implement the OnCore Recording Platform & Automated Redaction System – Read Story
10/26/2009 – Arapahoe County, Colorado, Signs with Aptitude Solutions to Implement the OnCore Recording Platform for Greater Efficiency and Access – Read Story
09/01/2009 – Union County, Florida, Upgrades OnCore to Aptitude Solutions’ New Acclaim System for Official Records Recording – Read Story
08/24/2009 – Douglas County, Colorado Clerk and Recorder Implements Aptitude Solutions OnCore Recording and Indexing Platform – Read Story
08/03/2009 – Lender Processing Services’ Aptitude Solutions Announces OnCore Software Implementation in Largest County in Nevada – Read Story
06/22/2009 – Palm Beach County Clerk & Comptroller to Implement Lender Processing Services Aptitude Solutions’ Court Case Management System – Read Story
06/08/2009 – Nevada County, California, Implements Aptitude Solutions’ OnCore Recording Platform For Greater Efficiency and Access – Read Story
05/01/2009 – Erie County Ohio Recorder’s Office Live with Aptitude Solutions OnCore Recording System – Read Story
05/01/2009 – Douglas County, Washington Auditor Recording Office Live with Aptitude Solutions’ OnCore Recording System – Read Story
05/01/2009 – Aptitude Solutions Announces New Representative in Indiana – Read Story
05/01/2009 – Broward County Florida Recording Office to Implement Aptitude Solutions’ Automated Indexing – Read Story
02/17/2009 – Lender Processing Services’ Aptitude Solutions Selected To Implement Automated Land Records System for Nevada’s Largest County – Read Story
01/01/2009 – Land Fraud Notification and Identity Theft Prevention by Aptitude Solutions – Read Story
01/01/2009 – Davidson County, North Carolina Register of Deeds Now eRecording – Read Story
01/01/2009 – Aptitude Solutions County Recording and Indexing Solutions Provider Approved by the State of North Carolina – Read Story
01/01/2009 – Erie County, Ohio Recorder’s Office to Implement Aptitude Solutions OnCore Recording System – Read Story
01/01/2009 – Douglas County, Colorado Clerk and Recorder Selects Aptitude Solutions for Recording and Indexing Platform – Read Story
01/01/2009 – Aptitude Solutions Announces New Sales Representative in the State of Texas – Read Story
01/01/2009 – Aptitude Solutions Announces New Sales Representative in the State of Georgia – Read Story
11/20/2008 – Nevada County, California Clerk – Recorder’s Office Signs with Aptitude Solutions for OnCore Recording System – Read Story
10/09/2008 – Rockingham County, North Carolina Register of Deeds Complete Historical Digitization and Preservation – Read Story
10/07/2008 – Aptitude Solutions Selected for Clark County, Nevada Recorder’s Office Software RFP – Read Story
10/02/2008 – Skamania County, Washington Auditors’ Office Live with Automated Indexing – Read Story
09/29/2008 – Bradford County, Florida Clerk of Court Live with Tribute Tax Deed System – Read Story
09/29/2008 – Franklin County, Washington Auditors’ Office Live with Automated Indexing – Read Story
09/22/2008 – Clarendon County, South Carolina Register of Deeds Live with Aptitude Solutions’ OnCore – Read Story
09/22/2008 – Pulaski County, Arkansas Circuit Clerk Live with Automated Indexing and Redaction – Read Story
09/18/2008 – Walton County, Florida Clerk of Court Live with Electronic Recording – Read Story
09/17/2008 – Levy County, Florida Clerk of Court Live with Automated Indexing and Redaction Systems – Read Story
09/02/2008 – Tulsa County, Oklahoma Goes Live with Aptitude Solutions’ OnCore Recording System – Read Story
08/11/2008 – Chelan County, Washington Auditor Recording Office Live with Aptitude Solutions’ OnCore Recording System – Read Story
08/08/2008 – Aptitude Solutions Electronic Recording Certified by State of California ERDS – Read Story
07/17/2008 – Santa Rosa County, Florida Clerk of Court Live with Electronic Recording – Read Story
07/07/2008 – Hillsborough County, Florida Clerk of Court Live with Automated Indexing and Redaction Systems – Read Story
06/10/2008 – Collier County, Florida Clerk of Court Live with Aptitude Solutions Showcase CMS – Read Story
04/21/2008 – Tulsa County, Oklahoma Upon being awarded the bid on April 14th, Tulsa County Clerk officially signs contracts with Aptitude Solutions to provide OnCore, aiIndex, and aiRedact – Read Story
04/16/2008 – Johnston County, North Carolina Register of Deeds Receives eRecording Award – Read Story
04/06/2008 – Davidson County, North Carolina Live with Aptitude Solutions’ OnCore Recording System – Read Story
03/31/2008 – Chelan County, Washington Clerk Signs with Aptitude Solutions to implement OnCore Recording System
03/31/2008 – Clarendon County, South Carolina Clerk Signs with Aptitude Solutions to implement OnCore Recording System – Read Story
03/31/2008 – Nassau County, Florida Live with Aptitude Solutions’ Tribute
03/31/2008 – Skamania County, Washington Live with Aptitude Solutions’ OnCore Recording System
03/31/2008 – Putnam County, Ohio Live with Aptitude Solutions’ OnCore Recording System
03/31/2008 – Duval County, Florida Clerk of Court Civil Departments Go Live with Aptitude Solutions’ ShowCase System on Schedule – Read Story
03/05/2008 – Franklin County, Washington Live with Aptitude Solutions’ OnCore Recording System – Read Story
02/26/2008 – Hillsborough County, Florida Clerk of Court Live with Electronic Recording – Read Story
01/01/2008 – Pinellas County, Florida Clerk of Court Live with Automated Indexing and Redaction Systems – Read Story
12/04/2007 – Escambia County, Florida Clerk of Court Live with Tribute Tax Deed System – Read Story
11/05/2007 – Pulaski County, Arkansas Live with Aptitude Solutions’ OnCore Recording System – Read Story
11/01/2007 – Escambia County, Florida Clerk of the Circuit Court Live with Automated Indexing and Redaction – Read Story
10/29/2007 – Simplifile and Aptitude Solutions enter into Strategic eRecordings Alliance – Read Story
10/28/2007 – Pickens County, South Carolina Live with Aptitude Solutions’ OnCore Recording System – Read Story
10/18/2007 – Collier County, Florida Clerk of Court Selects Aptitude Solutions Showcase Court System – Read Story
10/18/2007 – Duval County, Florida Clerk of Court Live with ShowCase Felony and Juvenile – Read Story
10/16/2007 – Franklin County, Washington Auditor to Implement Aptitude Solutions OnCore Recording System and Automated Indexing – Read Story
10/01/2007 – Manatee County, Florida Clerk of the Circuit Court Live with Automated Redaction – Read Story
09/24/2007 – Pulaski County, Arkansas Clerk Signs with Aptitude Solutions – Read Story
08/30/2007 – Hillsborough County, Florida Clerk of Court Live with Tribute Tax Deed System – Read Story
08/27/2007 – Glynn County Georgia Clerk of Superior Court Live with Aptitude Solutions’ OnCore Recording System – Read Story
08/20/2007 – Putnam County, Ohio Recorder to implement Aptitude Solutions’ OnCore Recording System – Read Story
08/20/2007 – Pickens County, South Carolina to implement Aptitude Solutions’ OnCore Recording System – Read Story
08/20/2007 – Rockingham County, North Carolina Register of Deeds Live with Aptitude Solutions’ OnCore Recording System – Read Story
08/06/2007 – Grand County, Colorado Clerk & Recorder Go Live with Aptitude
Solutions’ OnCore Recording System – Read Story
08/06/2007 – Mesa County, Colorado Clerk and Recorder Live with Automated Indexing – Read Story
08/06/2007 – Montrose County, Colorado Clerk and Recorder Live with Aptitude Solutions’ OnCore Recording System – Read Story
08/06/2007 – Pitkin County, Clerk and Recorder Live with Aptitude Solutions’ OnCore Recording System – Read Story
08/01/2007 – Broward County, Florida Clerk of Court Live with Automated Redaction – Read Story
08/01/2007 – Baker County, Florida Clerk of Court Live with Automated Redaction and Automated Indexing – Read Story
08/01/2007 – Gilchrist County, Florida Clerk of Court Live with Automated Redaction – Read Story
08/01/2007 – Johnston County, North Carolina Register of Deeds Goes Live with Aptitude Solutions’ Automated Indexing Technology – Read Story
07/17/2007 – Duval County, Clerk of Court Live with Showcase Court Case Management System – Read Story
07/03/2007 – Brevard County, Clerk of Court Live with Tribute Tax Deed System – Read Story
05/29/2007 – Levy County, Florida Clerk of the Circuit Court to implement Aptitude Solutions’ OnCore Recording System – Read Story
05/04/2007 – Horry County, South Carolina Register of Deeds Implements Aptitude Solutions’ OnCore Recording System – Read Story
03/01/2007 – Rockingham County, North Carolina Register of Deeds to implement Aptitude Solutions’ OnCore Recording System – Read Story
11/13/2006 – Hillsborough County Clerk of Court Implements Aptitude Solutions’ OnCore Official Records System – Read Story
11/13/2006 – Brevard County Clerk of Court Implements Aptitude Solutions’ OnCore Official Records System – Read Story
“They have no personal knowledge of the issue and they are supposed to. That is what these judges rely on when they issue judgments against homeowners,” said Matt Englett, KEL Law Firm.
(I-Newswire) October 2, 2010 – CENTRAL FLORIDA — Thousands of Floridians may soon be rescued from foreclosure. Last week KEL Attorneys filed a motion with the Supreme Court asking Chief Justice Canady for a stay on foreclosure cases being handled by law firms currently under investigation for document fraud.
The State Attorney General launched a formal investigation against Shapiro & Fishman, Marshall Watson and David Stern last month. Lenders hired the three big law firms, which handle 80 percent of all foreclosures in Florida, now accused of fraudulently signing documents to speed up the foreclosure process.
“They have no personal knowledge of the issue and they are supposed to. That is what these judges rely on when they issue judgments against homeowners,” said Matt Englett, KEL Law Firm.
Attorney Matt Englett has testimony from one of the people hired to just sign documentation. He describes a conference room with thousands of documents. He testified he would sign one affidavit after another, taking no more than a minute on each one.
“Time is money. The longer it takes to get the property back and sell the property, the more money they lose on that loan,” Englett said.
Englett hopes the motion will stop wrongful foreclosure it its tracks. He estimates that tens of thousands of homes may have already been wrongfully foreclosed upon, and about 80-percent of pending foreclosure actions contains fraudulent documents.
If Englett is successful, homeowners who have already lost their homes could collect thousands from their lender. And for the hundreds of others in Central Florida in the middle of foreclosure, it would buy time to save their home.
About KEL Attorneys:
Our law firm has had the honor to represent clients all over the country. We are also licensed in federal courts throughout the country and we are able to represent your case in state or federal court. In either venue, rest assured that our law firm will pursue your case aggressively and in the most cost effective manner possible.
We are not just your ordinary law firm, we operate as a full-service law firm that provides legal services nationwide and have a strong presence, with a law firm in Orlando and a law firm in Tampa. Due to size, legal expertise and handling client matters for over ten years, we can handle any legal issue or situation you may have.
Company Contact Information KEL Attorneys
Jennifer Warriner
111 N Magnolia Ave
Suite 1600
32801
Phone : 4075131900
Documents submitted to a court are supposed to be true as submitted. As an attorney, If I file a document with a court in which I swore I personally verified that the information contained within the document is true, and I didn’t actually do that, I’d get in real trouble. It’s simple: That’s fraud in the eyes of the court.
GMAC, JPMorgan Chase and Bank of America recently admitted that their employees routinely sign thousands of documents without verifying what they’re signing. Those documents are then submitted to courts as if the documents were true, to enable the banks to foreclose on delinquent properties. Wells Fargo and CitiMortgage told the New York Times their employees do not engage in similar practices. Yet new evidence shows they do.
Confusion at Wells Fargo
Herman John Kennerty of Wells Fargo has given a deposition describing the department he oversees for Wells Fargo. It’s a department dedicated to simply signing documents. Kennerty testified that he signs 50 to 150 documents a day, verifying only the date on each. What else might he want to verify? Well, in one document he signed, he supposedly transferred the mortgage from Washington Mutual Bank FA to Wells Fargo on July 12, 2010. But that’s impossible, since Washington Mutual Bank FA changed its name in 2004, and by any name WaMu ceased to exist in 2008, when the FDIC took it over. Making the document even less comprehensible, the debtor had declared bankruptcy a month earlier, according to Linda Tirelli, who represented the debtor. Why would Wells Fargo want a mortgage from someone in bankruptcy? Finally, Tirelli pointed out that the papers Wells Fargo filed included a different transfer of the mortgage dated three days before the debtor took out the loan. The documents are a mess, yet Kennerty signed them regardless. Legal Nonsense at CitiMortgage
Similarly, one M. Matthews signed a number of documents that CitiMortgage has used to try to foreclose on properties. While Matthews may or may not sign hundreds of documents a day — I have not yet found a deposition in which he swears that he does — he certainly does not verify the contents of the documents he’s signing. For example, he signed a document supposedly transferring a mortgage from Lehman Brothers to Citi in 2009. It’s hard to see how that’s possible, since Lehman had already ceased to exist. When confronted with its nonsensical filing, Citigroup decided not to foreclose. Instead, it gave the homeowner a meaningful mortgage modification–$15,000 principal reduction, plus a 30 year fixed mortgage at 3%. Tirelli, who represented the debtor in that case too, notes that she sees bad documents in the vast majority of cases, and she keeps files of “robosigned” documents.
It’s true that in both the WaMu and Lehman Brothers documents, the signers were officially representing an entity called MERS and acting as the “nominee” of WaMu and the “nominee” of Lehman Brothers. But that doesn’t change the fraudulent nature of the documents as filed. MERS can’t continue to be the nominee of an entity that doesn’t exist. Moreover, MERS can’t assign something it doesn’t have, and MERS itself will admit it doesn’t own the underlying note or mortgage.
Possible Sanctions for JPMorgan Chase
Wells Fargo and CitiMortgage aren’t the only big banks to misrepresent their practices in the media; JPMorgan Chase told the New York Times that it had not withdrawn any documents in a pending case. However, Chase has in fact withdrawn robosigned documents in a case Tirelli is currently defending. Chase now faces possible sanctions in the case.
Why are the big, sophisticated banks submitting such problematic documents to the courts? The key reason is that sometimes when a bank wants to foreclose, it has to prove it actually has the right to foreclose — that it owns the note and accompanying mortgage. Unfortunately for the banks, the securitization of mortgages and the changes in property ownership documentation that accompanied it make it hard for the banks to establish clean chains of title and produce original documents. Hard, that is, in an environment where a massive number of foreclosures must be started and completed in a timely manner.
JOHN KENNERTY a/k/a Herman John Kennerty has been employed for many years in the Ft. Mill, SC offices of America’s Servicing Company, a division of Wells Fargo Bank, N.A. He signed many different job titles on mortgage-related documents, often using different titles on the same day. He often signs as an officer of MERS (“Mortgage Electronic Registration Systems, Inc.”) On many Mortgage Assignments signed by Kennerty, Wells Fargo, or the trust serviced by ASC, is shown as acquiring the mortgage weeks or even months AFTER the foreclosure action is filed.
Titles attributed to John Kennerty include the following:
Asst. Secretary, MERS, as Nominee for 1st Continental Mortgage Corp.;
Asst. Secretary, MERS, as Nominee for American Brokers Conduit;
Asst. Secretary, MERS, as Nominee for American Enterprise Bank of Florida;
Asst. Secretary, MERS, as Nominee for American Home Mortgage;
Asst. Secretary, MERS, as Nominee for Amnet Mortgage, Inc. d/b/a American Mortgage Network of Florida;
Asst. Secretary, MERS, as Nominee for Bayside Mortgage Services, Inc.;
Asst. Secretary, MERS, as Nominee for CT Mortgage, Inc.;
Asst. Secretary, MERS, as Nominee for First Magnus Financial Corporation, an Arizona Corp.;
Asst. Secretary, MERS, as Nominee for First National Bank of AZ;
Asst. Secretary, MERS, as Nominee for Fremont Investment & Loan;
Asst. Secretary, MERS, as Nominee for Group One Mortgage, Inc.;
Asst. Secretary, MERS, as Nominee for Guaranty Bank;
Asst. Secretary, MERS, as Nominee for Homebuyers Financial, LLC;
Asst. Secretary, MERS, as Nominee for IndyMac Bank, FSB, a Federally Chartered Savings Bank (in June 2010);
Asst. Secretary, MERS, as Nominee for Irwin Mortgage Corporation;
Asst. Secretary, MERS, as Nominee for Ivanhoe Financial, Inc., a Delaware Corp.;
Asst. Secretary, MERS, as Nominee for Mortgage Network, Inc.;
Asst. Secretary, MERS, as Nominee for Ohio Savings Bank;
Asst. Secretary, MERS, as Nominee for Paramount Financial, Inc.;
Asst. Secretary, MERS, as Nominee for Pinnacle Direct Funding Corp.;
Asst. Secretary, MERS, as Nominee for RBC Mortgage Company;
Asst. Secretary, MERS, as Nominee for Seacoast National Bank;
Asst. Secretary, MERS, as Nominee for Shelter Mortgage Company, LLC;
Asst. Secretary, MERS, as Nominee for Stuart Mortgage Corp.;
Asst. Secretary, MERS, as Nominee for Suntrust Mortgage;
Asst. Secretary, MERS, as Nominee for Transaland Financial Corp.;
Asst. Secretary, MERS, as Nominee for Universal American Mortgage Co., LLC;
Asst. Secretary, MERS, as Nominee for Wachovia Mortgage Corp.;
Vice President of Loan Documentation, Wells Fargo Bank, N.A.;
Vice President of Loan Documentation, Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. f/k/a Norwest Mortgage, Inc.
Hope this comes out as I am not using a full size computer at the moment!
Introduction Issues have recently arisen with respect to potential defects with affidavits submitted by servicers in support of motions for summary judgment in states with judicial foreclosure processes. The issues pertain to whether the individuals executing the affidavits on behalf of the servicer had the required personal knowledge of the information contained in the affidavits and whether the affidavits were notarized in accordance with applicable requirements.Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:
Fannie Mae is directing all of its servicers to immediately undertake a review of their policies and procedures relating to the execution of affidavits, verifications, and other legal documents in connection with the default process. If the servicer has any concerns with its policies and procedures or their implementation, the servicer must advise its legal counsel to contact Fannie Mae in writing immediately via e-mail to nonroutine_litigation@fanniemae.com.
Fannie Mae is also taking this opportunity to emphasize the application of existing
Servicer’s basic duties and responsibilities
Compliance with applicable laws and mortgage documents
Servicer’s audit and control systems
Consequences of non-performance of servicer’s duties and responsibilities and non-compliance with applicable laws and mortgage documents
Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:
Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:
The attorney general, Richard Blumenthal, also said he is investigating JPMorgan Chase & Co (JPM.N) over its foreclosure practices. He previously said he was investigating Ally Financial Inc and its GMAC Mortgage unit.
“Banks that lured consumers into loans they couldn’t afford now seek to stampede them into foreclosure,” Blumenthal said in a statement. “This freeze should stop a foreclosure steamroller based on defective documents and enable effective remedies.”
The decisions came after borrowers’ lawyers released affidavits suggesting that some lenders’ employees are submitting documentation in foreclosure proceedings without understanding the contents.
Investigators in at least six U.S. states are examining foreclosure practices at GMAC, JPMorgan or both, and calling for such practices to be defended or halted.
Blumenthal, a Democrat, is running for the U.S. Senate. (Reporting by Jonathan Stempel in New York; editing by John Wallace)
Continue to REUTERS
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Press Release
Attorney General Asks CT Courts To Freeze Home Foreclosures 60 Days Because Of Defective Docs October 1, 2010
Attorney General Richard Blumenthal today asked the state Judicial Department to freeze all home foreclosures for 60 days because of defective document filings and institute measures to assure the integrity of future filings.
Blumenthal made the request after a second bank, JP Morgan Chase, acknowledged filing defective foreclosure documents. Like GMAC/Ally, JP Morgan admitted that so-called “robo-signers” signed affidavits without verifying the information in them. The GMAC robo-signer said under oath that he signed 8,000 to 10,000 foreclosure affidavits a month while a robo-signer for JP Morgan testified to spending less than two minutes on each affidavit.
Blumenthal is investigating GMAC/Ally and JP Morgan, as well as whether other banks may have engaged in similar practices.
Submitting defective documents is a possible fraud upon the court, potentially undermining foreclosures and underlying mortgages.
“This freeze should stop a foreclosure steamroller based on defective documents and enable effective remedies,” Blumenthal said. “The actions of GMAC/Ally and JP Morgan are inexcusable, a possible fraud on the court undermining the integrity of the legal process and consumers’ ability to fight foreclosures. Banks that lured consumers into loans they couldn’t afford now seek to stampede them into foreclosure. We must stop this runaway foreclosure train, restoring proper procedure and property owner rights.
“The Judicial Department should take additional measures — including requiring signers to state the basis for verifying information in affidavits — to restore the integrity of foreclosure documents. This appalling practice must be stopped before it poisons the legal system and unfairly evicts families from their homes.”
SUPREME COURT – STATE OF NEW YORK
IAS PART 10 – SUFFOLK COUNTY
HON. JOHN J.J. JONES, JR.
CHASE HOME FINANCE
v.
LUCIUS D. PAGANO
In addition, and notwithstanding the plaintiffs failure to establish compliance with paragraph 22 of the mortgage, there are two [2] other issues that must be addressed on any renewed application herein. The first issue is the legal effect of the allonge that is attached to the promissory note dated Oct. 18, 2005. This allonge clearly states that the note was endorsed by United Mortgage Corp. to the order of Greenpoint Mortgage Funding, Inc. The plaintiff’s application fails to address the fact of this clear and unequivocal endorsement of the note to Greenpoint. The second issue that the plaintiff needs to address is the execution of the mortgage assignment on Dec. 15,2009 by M.E.R.S to the plaintiff, Chase Home Mortgage. The assignment was executed by George Schmergel, on behalf of M.E.R.S. It appears that this person is also the plaintiffs attorney.Therefore, on any renewed application, the plaintiff shall set forth an explanation of the apparent dual role of counsel.
This constitutes the decision and order of the court in the disposition of this exparte application
for an order of reference, which is to be marked “not signed”.
-X
This is what this site is about…”ClOUDED TITLES”! This quote below should have added that it was in 65 Million mortgages not in some. I hope you all read my NO. THERE’S NO LIFE AT MERS…I highly recommend it because it came the heart.
In some cases, mortgages were conveyed using the Reston, Virginia-based Mortgage Electronic Registration System, or MERS, designed to cover transfers among system members. Promissory notes also often were endorsed as payable to the bearer to avoid the need for multiple transfers. Both practices have been challenged in court.
Foreclosure Errors Cloud Homeownership With `Blighted Titles’
By Kathleen M. Howley – Oct 1, 2010 12:00 AM ET
U.S. courts are clogged with a record number of foreclosures. Next, they may be jammed with suits contesting property rights as procedural mistakes in those cases cloud titles establishing ownership.
“Defective documentation has created millions of blighted titles that will plague the nation for the next decade,” said Richard Kessler, an attorney in Sarasota, Florida, who conducted a study that found errors in about three-fourths of court filings related to home repossessions.
Attorneys general in at least six states are investigating borrowers’ claims that some of the nation’s largest home lenders and loan servicers are making misstatements in foreclosures. JPMorgan Chase & Co. is asking judges to postpone foreclosure rulings, while Ally Financial Inc. said Sept. 21 its GMAC Mortgage unit would halt evictions. The companies said employees may have completed affidavits without confirming their accuracy.
Such mistakes may allow former owners to challenge the repossession of homes long after the properties are resold, according to Kessler. Ownership questions may not arise until a home is under contract and the potential purchaser applies for title insurance or even decades later as one deed researcher catches errors overlooked by another. A so-called defective title means the person who paid for and moved into a house may not be the legal owner.
‘Nightmare Scenario’
“It’s a nightmare scenario,” said John Vogel, a professor at the Tuck School of Business at Dartmouth College in Hanover, New Hampshire. “There are lots of land mines related to title issues that may come to light long after we think we’ve solved the housing problem.”
Almost one-fourth of U.S. home sales in the second quarter involved properties in some stage of mortgage distress, RealtyTrac Inc. said yesterday. In August, lenders took possession of record 95,364 homes and issued foreclosure filings to 338,836 homeowners, or one out of every 381 U.S. households, according to the Irvine, California-based data seller.
The biggest deficiency in foreclosure suits is missing or improperly handled documents, Kessler found in his study of court filings in Florida’s Sarasota County. When home loans are granted, borrowers sign a promissory note outlining payment obligations and a separate mortgage that puts an encumbrance on the property in the lender’s name. If mortgages are resold, both documents must be properly conveyed to prevent competing claims.
Mortgage Bonds
Most of the document errors involved mortgages that had been bundled into securities sold to investors, Kessler said. At the end of the U.S. real estate boom in 2005 and 2006, about 70 percent of the $6.1 trillion in mortgage lending was packaged into bonds, according to the Securities Industry and Financial Markets Association in New York.
Looks like this is becoming more and more like a fabricating factory mill full of ?????????
DOCX’s GetNet™ Document Recovery solution is a national network of runners that is engaged to provide document recovery, expedited recordation services, title searches, and insurance submissions.
The service is unique in that our clients can request that DOCX obtain any missing recordable documents through this web site through our online GetNet™ Work Order Form. Status of existing projects can also be obtained through our Online Services.
We also accept work orders the “old fashioned” way via fax or mail. Upon receipt of the work order, DOCX will access the national network of runners, place the order and follow up to ensure prompt delivery.
GetNet™ was designed to assist mortgage servicers in meeting agency certifications and to avoid costly penalties for filing late satisfaction pieces.
GetNet™ Features
A National Network of title runners retains presence in every county jurisdiction nationwide.
Obtains missing mortgage documents, assignments, title policies and LGC/MICs.
Expedites recordation by physically walking documents in to county recorder offices.
Provides title searches to identify mortgage holders.
OneWest Bank employee: ‘Not more than 30 seconds’ to sign each foreclosure document
The recent announcements by J.P. Morgan Chase and Ally Financial that they were freezing some foreclosures because of paperwork irregularities raises a key question: How many more mortgage companies employed “robo-signers?”
In a sworn deposition in July, Erica Johnson-Seck, an Austin, Tex.,-based vice president for bankruptcy and foreclosure for OneWest Bank, said she and her team of seven others sign 6,000 documents a week or about 24,000 a month without reading all of them.
Johnson-Seck estimated that she spent no more than 30 seconds to sign each document.
She explained that while she does not check everything, she does check some information, “which is why I said 30 seconds instead of two seconds.”
“Unfortunately, concerns have been raised that Ally’s practices are not an anomaly in this industry, and that these bad practices are used by numerous other companies as well,”
SAN FRANCISCO (Reuters) – An outcry over questionable foreclosures by GMAC Mortgage and other lenders is likely to hit some states more than others because of major differences in real estate law across the nation.
But ramifications for federal taxpayers and investors will depend on the costs of clearing up the problem, the latest fallout from the bursting of the U.S. real estate bubble.
GMAC Mortgage announced last week that it had suspended evictions and post-foreclosure closings in 23 states due to concerns over paperwork. In order for a lender to foreclose on a property, it must prove that it actually checked the borrower’s loan agreements, and that the homeowner defaulted.
But the unit of Ally Financial, which is 56.3 percent owned by the U.S. government after a $17 billion bailout, said employees preparing foreclosures had submitted affidavits to judges containing information they did not personally verify.
“It’s a real mess,” said Justice Arthur Schack, a jurist on foreclosure issues who sits on the New York State Supreme Court in Brooklyn.
GMAC’s announcement has raised doubts about whether some people lost their homes without good reason. Attorneys general in several states, including California, Colorado, Illinois and Ohio, are investigating.
“The law demands that lenders prove their case in foreclosure actions,” Illinois Attorney General Lisa Madigan said last week.
But Ally characterizes the problem as merely technical, arguing that the underlying facts in each foreclosure are accurate.
“We are confident that the processing errors did not result in any inappropriate foreclosures,” it said in a statement last week.
GMAC landed in its predicament after one of its employees testified in a December 2009 deposition that he signed off on tens of thousands of affidavits containing information he did not verify.
The company said it has “substantially increased” the number of employees to verify documents, provided additional training, and suspended evictions out of an “abundance of caution.”
Ally isn’t the only firm under the microscope.
JPMorgan Chase & Co is delaying its current foreclosure proceedings and has begun to systematically re-examine related documents after discovering that some employees may have signed affidavits in some cases without personally reviewing the files.
Lawyers in Florida are questioning JPMorgan’s practices after discovering one of its executives did not check the details of its claims against a homeowner.
The executive said she had been part of an eight-person team that signs 18,000 documents a
Erika Herrera CA Notary Public No. 1290845 Revocation Cert 9-29-10,
If Erika Herrera Notarized your foreclosure documents the foreclosure is illegal!!
Employed by Washington Mutual and acting as a Notary was not a legal Notary in California where she worked and notarized thousands of foreclosure documents. Please see attached and inform all of your members nationwide!
She has notarized documents including affidavits and assignments.
SECRETARY BRUNNER OUTLINES TWO LINES OF ATTACK IN FIGHTING HIGH OHIO FORECLOSURE RATES
COLUMBUS, Ohio – Ohio Secretary of State Jennifer Brunner, Ohio’s chief elections officer and the state officer responsible for licensing notary publics, today issued a directive to boards of elections that foreclosures cannot be used without further investigation to disqualify voters and revealed that she has referred specific instances of notary abuse occurring at Chase Home Mortgage in Columbus and by the Mortgage Electronic Registration Systems, Inc. (MERS) to a federal prosecutor for investigation.
DIRECTIVE ON VOTERS FACING FORECLOSURES: Secretary Brunner, in Directive 2010-66, instructed Ohio’s 88 county boards of elections that they may not cancel an Ohioan’s voter registration based solely on the fact that the person is involved in the foreclosure process. The filing of a foreclosure action does not affect a voter’s right to vote until there is a final judgment entry, including the passage of at least 30 days from the date of the entry because of the right of appeal, and verification that the person no longer resides at the property. Ohio continues to experience high residential foreclosure rates.
Those who lose their homes because of foreclosure may wait until Election Day to update their address. Boards are instructed in the directive how to help voters displaced because of foreclosure, based on whether they move (1) within the same precinct, (2) within the same county but to a different precinct, or (3) to a different county in Ohio. Voters facing foreclosure may use their current location of residence as their residence for the purposes of voting.
REFERRAL OF CHASE HOME MORTGAGE AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. TO FEDERAL PROSECUTOR: Secretary Brunner, in two letters dated Aug. 11, 2010 and Sept. 1, 2010, referred matters of alleged notary abuse in thousands of home mortgage foreclosures by Chase Home Mortgage and the Mortgage Electronic Registration Systems, Inc. to U.S. District Attorney Steven Dettelbach in Cleveland. Citing two depositions, (one & two) of Chase employee Beth Cottrell, taken in Columbus in May of 2010, and a deposition of MERS Secretary and Treasurer, William Hultman taken in New Jersey in April of 2010. These depositions contain sworn testimony that at Chase Home Mortgage, 18,000 documents per month are executed and notarized per month by eight people, with admissions that:
it is the notary and not the document signer who gives an oath who fills in numbers in the affidavits used in court ordered foreclosures,
no oath is administered for the signing of each document,
notarized documents are not verified by the person signing and giving oath that they have personal knowledge of the contents of the documents, but rather, signers are relying on verification by others,
documents are signed in bulk and notarized in bulk separately,
notaries know this at the time they notarize documents in this process.
The MERS deposition of William Hultman demonstrates that after corporate status changes occurred for MERS, new designations of authority were not executed, leaving one or more individuals for the former MERS corporation continuing to delegate authority on behalf of the new corporation without authorization by the new corporation.
According to its website: “MERS was created by the mortgage banking industry to streamline the mortgage process by using electronic commerce to eliminate paper…MERS acts as nominee in the county land records for the lender and servicer. Any loan registered on the MERS® System is inoculated against future assignments because MERS remains the nominal mortgagee no matter how many times servicing is traded. MERS as original mortgagee (MOM) is approved by Fannie Mae, Freddie Mac, Ginnie Mae, FHA and VA, California and Utah Housing Finance Agencies, as well as all of the major Wall Street rating agencies.”
MERS was created by the mortgage lending industry to:
eliminate frequent re-recording of liens,
avoid paying county recorder fees and other local taxes as mortgage loans are assigned as backing or securitization for derivatives trading by banks and other financial institutions,
monitor and facilitate the transfer of original mortgage notes in the trading of mortgage-backed securities,
foreclose on mortgage notes for unnamed note holders, even though it is not the real financial party in interest and does not hold the original note for the mortgage.
Currently, over half of all new residential mortgage loans in the U.S. are registered with MERS and recorded in county recording offices in MERS’ name, reducing transparency, leaving consumers unable to determine who actually holds the note on their homes.
Secretary Brunner made the following statement on the situation:
“Mortgage foreclosure documents must be notarized according to the law. Requiring this is not an afterthought or an exercise of form over substance—the law must be followed when taking away someone’s home, regardless of the circumstances.
For too long thousands of homes have been taken from consumers without proof that the foreclosing party actually has that right. Our courts must be cautious and require absolute adherence to the law. As the officer in Ohio who licenses notaries, I cannot stand idly by and watch financial institutions concoct a chain of title they never had by abusing the notary process.
It’s not fair to consumers or to the employees who by virtue of their jobs, are signing these documents. I urge the U.S. Department of Justice to take up this investigation with vigor and purpose to protect consumers and hold financial institutions to the standards of scrutiny and exactitude required by law, even if it means prosecuting some of our largest corporations. These apparent violations of state law point to schemes that merit federal investigation of large institution lending practices and use of the U.S. Postal Service.”
Last week, GMAC Mortgage announced it had suspended evictions and post-foreclosure closings in 23 states over concerns about employees preparing foreclosures with affidavits submitted to judges containing information they did not personally verify. Yesterday it was announced that JPMorgan Chase and Co hired external counsel to review its affidavit process based on the depositions of Beth Cottrell and is delaying approximately 56,000 current foreclosure proceedings.
Dear Judge XXXXX, I write you, and the other presiding and administrative judges of the Ohio Courts of Common Pleas, to draw your attention to an issue that may be of interest to you.
As you are aware, when a plaintiff in a foreclosure case moves for default or summary judgment, it will attach an affidavit from the lender or mortgage servicer attesting to the ownership and default status of loan. During the last week, questions have arisen about the validity of the foreclosure affidavits filed by a large servicer, GMAC Mortgage. GMAC (also operating as “Ally Financial”) issued a press release on September 20, 2010 announcing that it had directed certain of its vendors to suspend evictions and REO closings because of “a potential issue that was raised in a number of existing foreclosures challenging the internal procedure we used for executing one or more judicially required forms.”
A number of media outlets, including The Washington Post and The New York Times, reported on this statement. The news articles suggest that GMAC’s actions are related to a Florida deposition and a Maine deposition given by one of its employees, Jeffrey Stephan. Mr. Stephan signed thousands of foreclosure affidavits for GMAC, but in his depositions stated that he does not have knowledge of how the information in the affidavit is determined (Deposition of Jeffrey Stephan, June 7, 2010, p 30), does not know how the accuracy of the information is verified (Id.), does not review the exhibits attached to the affidavit (Id., p 54), does not read every paragraph of the affidavit (Id. p 61), and does not have the affidavit notarized in his presence (Id., p 56).
The depositions were not taken by my office, so I do not opine on their accuracy, but I wanted to draw your attention to this issue. At least one court has found that filing affidavits that falsely claim personal knowledge is a violation of the Ohio Consumer Sales Practices Act when filed in connection with consumer transactions. Midland Funding, LLC v. Brent, 644 F. Supp. 2d 961, 977 (N.D. Ohio, 2009).
More broadly, I urge you as administrators to share this letter with your colleagues and urge them to exercise caution when approving any foreclosure orders involving GMAC. Further, I encourage you to consider whether additional administrative procedures need to be established to protect homeowners who are facing the threat of foreclosure. Issues similar to those surrounding GMAC have arisen in Ohio. For example, my office filed an amicus brief in an appellate case where a foreclosure affidavit averred that it was executed in Florida but the jurat and notarization stated that it was executed in New Jersey. The 2nd District Court of Appeals ruled that the trial court did not abuse its discretion by striking the faulty affidavit. HSBC Bank USA v. Thompson, 2010-Ohio-4158.
Please feel free to contact me or my Consumer Protection Section Chief, Susan Choe, at 614.466.1305, if we can be of any assistance regarding this letter.
Thank you.
Sincerely,
Richard Cordray
Ohio Attorney General
CC:
Sarah Lynn, Deputy Chief Counsel, Ohio Attorney General
Susan Choe, Consumer Protection Section Chief, Ohio Attorney General
Chase Home Finance, LLC
Whitney Cook
Beth Cottrell
Margaret Dalton
JPMorgan Chase
Lender Processing Services
Long Beach Mortgage
Stacy Spohn
Christina Trowbridge
Washington Mutual Bank
Action Date: September 30, 2010
Location: New York, NY
On September 29, 2010, financial giant JP Morgan Chase announced it was suspending 56,000 foreclosures because its documents may have been “submitted without proper review.” To assist JPMorgan Chase, Fraud Digest suggests that it dismiss those actions where the Affidavits or Mortgage Assignments were signed by the following robo-signers: Beth Cottrell, Whitney Cook, Christina Trowbridge and Stacy Spohn from the Chase Home Finance office in Franklin County, OH; Margaret Dalton and Barbara Hindman from the Jacksonville, FL office of JPMorgan Chase; and any of the Lender Processing Services robo-signers from the Dakota County, MN office including Christina Allen, Liquenda Allotey, Christine Anderson, Alfonzo Greene, Laura Hescott, Bethany Hood, Cecelia Knox, Topako Love, Jodi Sobotta, Eric Tate, Amy Weis and Rick Wilken. In particular, JP Morgan Chase should look at those cases where the bank has supposedly assigned mortgages to WaMu, WMALT, Long Beach Mortgage Company and NovaStar trusts years after the closing dates of these trusts. The number of questionable or fraudulent documents is likely to be much closer to 560,000 than to 56,000, and that will only be a good beginning.
It was a very sad day for Floridians yesterday when the Florida Supreme Court issued a statement that it does not have authority to intercede while a fraud investigation is pending. Although we may not agree with the decision, we must respect procedures that must be followed.
Florida, do not quit what you are doing because there are many states that we must continue to focus on. Judges need to put themselves in the homeowners situation and understand we cannot make these fraudulent documents up. These documents are sworn statements, under perjury of law and notarized. As officers of the court they must be held accountable. No ifs, ands, buts or suppose here. These are not errors.
Rest assured that The Florida Bar still has many pending investigations with these foreclosure firms and they have authority overseeing the misconduct of their members.
I am your voice, America. I share your fears, read your concerns and do try my best to reach out to you.
I have to apologize to Mr. Martinez as I normally do not post full content unless it is one of those post that you must read without being navigated to another place or distracted. Please visit the link below as it is a great source from an insider stand point.
Ok I get it… ….Attorney’s are to hold themselves to a higher standard…professionalism…professional courtesy…courtroom edicate…yada yada yada! I get it I really do! But my fellow legal advocates…it really is time to take off the gloves.
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In hearing after hearing I’m seeing these defense attorneys walk in with the same timid attitude of sorts trying to be nice, trying to maintain their professionalism while across the table I’m seeing these foreclosure mill runners (I call them runners because they’re not even the attorney on the case just the runner appearing before the judge on behalf of the foreclosure mill) being extremely flagrant, arrogant and flat-out bully like to a large degree. And what I’ve noticed is that the moment they get tripped up by the more aggressive defense lawyer, they tend to quickly tell the judge how they’re not the attorney assigned to the case and how they’re just present for the hearing and will have to check back or ask for a continuance or make the defense feel like they’ve won something by postponing the sale. Amazing how on the fly these runners are making decisions for their clients about postponements without making a call.
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Quite frankly for those who know me personally I give you what you dish out. If you act like a bully I’m going to treat you like a bully. I personally don’t like these foreclosure mills and what they stand for on a moral and ethical front. I believe that any attorney that can stomach putting families in masses in the street for money is morally challenged and any lawyer that’s willing to commit fraud upon the court doesn’t deserve my professional courtesy. Defense attorneys need to stop treating these foreclosure mill attorneys as their equal brothers and sisters of the profession and start treating them like enemies of the state. That may seem a bit harsh but for every homeowner that seeks our assistance does so with a passion unseen or felt by our profession. We need to harvest that same passion, translate it into legal argument and bring it right into the courtroom. We cannot allow for families to lose their home as a matter of course through runners! RUNNERS!!! Are you kidding me! We should be kicking their ass’s right out the courtroom down out to the street and we aren’t. We are giving them professional courtesy.
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I think it’s time to get aggressive and outright scary in these courtrooms. Why should a judge take us seriously when we’re not bringing the passion and seriousness of the issues to the forefront? I walk into courtrooms and see judges laughing, I see lawyers talking while waiting their turn and a hearing is going on. I see judges making jokes and then saying your motion to dismiss is denied. I am nothing short of AMAZED at how unimportant kicking a family out of their home is. Let me tell you that it’s one thing to see an adult client in front of you but it is something completely different to visit their home and see a child 4 or 5 holding a toy or a 12-year-old ask you if you’re going to save his family. I recently traveled to New York on another case and let me tell you that in these judges courtroom, intimidation is not the word. NO ONE is talking in the courtroom. These judges in New York are not playing and neither are the defense attorneys. I see great passion and argument and I see judges looking squarely at the merits of the case. So why is this not happening in Florida courts?
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When I see my legal associates like Matt Weidner put up a post of frustration and fear that we are losing the battle I get angry and begin calling members of my legal team to have a strategy session and figure out new ways to take back the momentum. Defense attorneys need to silence the courtroom with their passion and sound legal arguments. They need to create the platform in which judges and other defense attorneys stay quiet to learn. We need to own the room when we’re in it and speaking and we need to spank these little foreclosure mill runners and make them run back to daddy Stern or daddy Watson. Walk into court every time knowing they’ve committed fraud. Stop being so scared to say it and use every other word you know to describe it. Say it loud…FRAUD FRAUD FRAUD!!! Move for sanctions! They’re crooks…treat them like it! Stop treating them like your equal, stop giving them professional courtesy and start treating them like they deserve to be treated!
Supreme Court of the State of New York, held
in and for the County of Kings, at the
courthouse at 360 Adams Street
David Schmidt
Justice of the Supreme Court
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.,
v.
Bibi Roopen
To cancel the claim for the surplus monies on the above Index Number 1694 1/04 by the Claimant Merrill Lynch Mortgage Lending, Inc. Attorney Steven J. Baum. P.C. and to grant me, Bibi Roopan, the surplus monies on deposit in this matter. for the reasons that Neither Wilshire Credit Corporation, who owned the second mortgage to the premise commonly known as 14 Cypress Court Brooklyn, NY 11208, nor its parent company, Merrill Lynch Mortgage Lending. were present at the foreclosure and therefore did not claim their share of the foreclosure at that time (Notice of Appearance). En addition. Wilshire Credit Corporation transferred the mortgage loan to Strategic Recovery Group, LLC, db Aquara Loan Services, Its Successors and/or Assigns, P.O. Box 61026 Anaheim, CA 92803-6126 on October 29.2008 and on July 6,2010, Strategic Recovery Group sent me a letter to settle in full for $30,497.10.
Pending the hearing of this motion it is ordered that to cancel & stop the claim for the surplus monies on the above index Number 16941/04 by Claimant Merrill Lynch Mortgage Lending, Inc, Attorney Steven J. Baum, PC and for the surplus monies to stay at the courts until judgement by the judge and also that Merrill Lynch Mortgage Lending
The Florida Constitution and court rules did not give the Chief Justice authority to intercede in pending cases involving attorney misconduct, or to investigate allegations of fraud or misconduct in foreclosure cases. The fraud cases must first beadjudicated in trial courts.
Congressman Grayson has asked the Florida Bar to take action.
Florida Default Law Group has been added as the fourth law firm under investigation along the Law offices of David J. Stern, Shapiro & Fishman and Law Office of Marshall Watson.
See full article from DailyFinance: 
I have to apologize to Mr. Martinez as I normally do not post full content unless it is one of those post that you must read without being navigated to another place or distracted. Please visit the link below as it is a great source from an insider stand point.
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