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Why The Attorneys General Should Not Settle W/Out Principal Reductions

Why The Attorneys General Should Not Settle W/Out Principal Reductions


Why they should be FORCED.

Take this home for example. It was originally sold for $289,000.

Prior to Final Judgment, property had two (2) assignments of mortgage for two entities same robo-signer for both via MERS.

At auction it was sold for a MAJOR discount at approx. 75% off. to Indymac via LPS Minnesota address in 2010. We know Indymac has been shut down way before this time.

Why couldn’t they work a deal like this when this person whom I personally know tried over and over to get a modification AT THE TIME?

They had a good job then and still have a good job today.

So why do they not want to work with the borrowers and reduce the principal to reflect today’s REAL and TRUE appraisal of the property?

Make sure you follow the transactions to understand what happened and why it makes no sense where this goes.

Now Here comes more funny business:

Still following?

  • Property was Quit Claimed/Transferred To Freddie Mac for $100.00 (prepared by David Stern) but consideration shows only $10.00.
  • Property then sold for $3900.00 more 13 days later $78,000
  • SAME day flipped for $150,000
  • Previous records are all gone [compare both images]

Don’t forget…

IS LPS’s Aptitude Solutions Software In Your County Courts & Land Records???

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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[VIDEO] Sen. Levin Grills Goldman Sachs Exec On “Shitty Deal” E-mail

[VIDEO] Sen. Levin Grills Goldman Sachs Exec On “Shitty Deal” E-mail


VIA:

Senator Carl Levin (D-MI) and former Goldman Sachs Mortgages Department head Daniel Sparks, Senate Governmental Affairs Subcommittee on Investigations hearing, April 27, 2010

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Dylan Ratigan with Louise Story of NY Times “Can We Trust The Regulators?”

Dylan Ratigan with Louise Story of NY Times “Can We Trust The Regulators?”


Dylan Ratigan with special guest New York Times’ Louise Story, discussing the 600+ page report uncovering Goldman Sachs scheme to defraud investors. According to Bloomberg, The U.S. Justice Department and regulators will have to determine whether employees and executives of Goldman Sachs Group Inc. violated any laws when they traded securities tied to the housing market and testified to Congress about the transactions, Senator Carl Levin said.

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FED Foreclosure Fraud Settlements Make It Harder For AGs / Obama To Force Banks Into Principal Reductions

FED Foreclosure Fraud Settlements Make It Harder For AGs / Obama To Force Banks Into Principal Reductions


Prashant Gopal- Bloomberg

While the attorneys general proposed many similar terms last month, banking regulators didn’t include any requirements for lowering mortgage debt. That may hinder Iowa Attorney General Thomas J. Miller as he leads a group of state officials working with the administration to require lenders to evaluate loan cuts for some borrowers whose homes are worth less than their mortgages.

“I have always been pretty skeptical about the ability of principal reductions to get you much,” said Mark A. Calabria, director of financial-regulation studies at the Cato Institute, a public-policy research group in Washington. “I think we will look back and say this was the death knell.”


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Regulators Take Light-Touch Approach Towards Banks For Homeowner Abuses

Regulators Take Light-Touch Approach Towards Banks For Homeowner Abuses


Question: Wonder what the regulators thought of when they watched 60 Minutes broadcast of LPS, DOCX and Servicer fraud on national tv with over 12 million viewers?

Just see what the number one popular post has been on this site since the airing of it or do a simple google search like 60 Minutes Docx or 60 Minutes LPS and you’ll see SFF is the first site that comes up. We’re no fools and believe me the entire globe has tuned in, including the regulators.

Shahien NasiripourHuffington Post

The nation’s 14 largest mortgage firms must compensate wronged homeowners after federal bank regulators determined the companies broke federal and state laws by improperly foreclosing on an incalculable number of distressed borrowers. The agencies announced such penalties Wednesday, the first in what is likely to be a series of enforcement actions targeting the country’s biggest banks and costing them billions.

Lenders like Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial systematically broke rules and took shortcuts when foreclosing on homeowners last year, the regulators said. Their three-month review launched after documents and videos of so-called robo-signers — people who signed thousands of foreclosure documents a day without reading them or knowing what was in them — surfaced, leading the biggest banks to halt home seizures.

Bank examiners found the firms employed practices that “failed to conform to state legal requirements.” In other words, they broke the law.


© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Banks Must Pay Victims of Botched Foreclosures, Regulators Say (Why aren’t Courts ordering this?)

Banks Must Pay Victims of Botched Foreclosures, Regulators Say (Why aren’t Courts ordering this?)


BLOOMBERG

The 14 largest U.S. mortgage servicers must pay back homeowners for losses from foreclosures or loans that were mishandled in the wake of the housing collapse, according to a consent decree released today.

The agreement between the servicers and U.S. regulators imposes more substantial penalties than early reports of the deal indicated. It could also help the U.S. Justice Department determine the size and scope of any future fines for the flawed practices, regulators said.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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OCC-BANKER-MERS-LPS FORECLOSURE FRAUD SETTLEMENT CONSENT ORDERS

OCC-BANKER-MERS-LPS FORECLOSURE FRAUD SETTLEMENT CONSENT ORDERS


Hear No Evil, See No Evil, Speak No Evil


The banks didn’t admit or deny regulators’ findings, according to the orders.

From Fed Press Release:

The Federal Reserve will closely monitor progress at the firms in addressing these matters and will take additional enforcement actions as needed.

In addition to the actions against the banking organizations, the Federal Reserve on Wednesday announced formal enforcement actions against Lender Processing Services, Inc. (LPS), a domestic provider of default-management services and other services related to foreclosures, and against MERSCORP, Inc. (MERS), which provides services related to tracking and registering residential mortgage ownership and servicing, acts as mortgagee of record on behalf of lenders and servicers, and initiates foreclosure actions. These actions address significant compliance failures and unsafe and unsound practices at LPS and its subsidiaries, and at MERS and its subsidiary. The action requires LPS to address deficient practices related primarily to the document execution services that LPS, through its subsidiaries DocX, LLC, and LPS Default Solutions, Inc., provided to servicers in connection with foreclosures. MERS is required to address significant weaknesses in, among other things, oversight, management supervision, and corporate governance. The LPS action is being taken jointly with the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Office of Thrift Supervision, while the MERS action is being taken jointly with those agencies and the Federal Housing Finance Agency.

The Federal Reserve Board based its enforcement actions on the findings of the interagency reviews of the major mortgage servicers, LPS, and MERS. A summary of the findings from the reviews of the mortgage servicers is available in the Interagency Review of Foreclosure Policies and Practices, which is simultaneously being released by the Federal Reserve Board and the other agencies.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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ADAM LEVITIN | The Value of Rule of Law: 20 Basis Points

ADAM LEVITIN | The Value of Rule of Law: 20 Basis Points


Credit Slips.org

The rule of law is not even worth 20 basis points.  That’s the ultimate message in a recent paper by Charles Calomiris, Eric Higgins, and Joseph Mason evaluating the proposed AG mortgage servicing settlement. Calomiris et al. estimate that the settlement will raise mortgage costs at least 20bps, and they think that’s too much.

Recognize what they’re really saying:  that 20-45bps is too high a price to pay for the rule of law. They value the rule of law at less than 20bps. At present conversion rates, that’s about 30 shekels of silver.

The whole Calomiris et al. document is rather strange, as it’s hard to do any serious evaluation of the settlement without knowing the terms. We’ve seen a proposed servicing standards term sheet from the AGs and we’ve seen a CFPB analysis of disgorgement of wrongful profits and the costs of potential principal reductions, but it’s way premature to attempt any sort of real evaluation of a settlement. Unless, of course, the goal is not a serious evaluation of a settlement, but an attempt to forestall a settlement. Which is what this paper is.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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The Economics of the Proposed Mortgage Servicer Settlement by Calomiris, Higgins and Mason

The Economics of the Proposed Mortgage Servicer Settlement by Calomiris, Higgins and Mason


Full Disclosure:

Funding for this research was provided in part by the financial services industry, including entities affected by the proposed settlement.

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The Economics of the Proposed Mortgage Servicer Settlement

Charles W. Calomiris, Eric J. Higgins, and Joseph R. Mason1

[ipaper docId=52894340 access_key=key-bxx3cj688ghgdck8kt8 height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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FL Chief Justice Canady and Governor Rick Scott’s Agreement Letter On Court Loan

FL Chief Justice Canady and Governor Rick Scott’s Agreement Letter On Court Loan


April 6, 2011

The Honorable Charles T. Canady
Chief Justice, Supreme Court of Florida
500 South Duval Street
Tallahassee, FL 32399-1925

Dear Chief Justice Canady:

On March 22,2011, our office approved a temporary loan of $14,000,000 and requested additional information prior to approving any additional loan amounts. The information provided by your office, and the cost containment measures implemented, show that the remaining loan amount needed to cover the projected deficit through May has been reduced from $28,483,326 to $19,487,027. The Executive Office of the Governor hereby approves an additional loan, not to exceed $19,487,027, from available trust fund balances within the State Treasury to the State Courts Revenue Trust Fund.

Pursuant to section 215.18, Florida Statutes, transfers should only be made as needed to cover deficiencies, and the loan must be repaid as soon as practical, but not later than June 30, 2011.

[ipaper docId=52564508 access_key=key-29jiktxdrunpccdxtug8 height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Servicers Ready To Ink Agreements, Make Adjustments

Servicers Ready To Ink Agreements, Make Adjustments


It’s going to get really interesting to see how this all plays out with the AG’s role.

According to the New York Times, the the servicers, which violated state and local laws and regulations governing foreclosures, are agreeing to improve their methods in numerous ways. They will be required to have more layers of oversight and proper training of their foreclosure staff. The oversight will extend to third party groups, including the law firms that do much of the actual work of eviction.

[…]

The investigators reviewed the policies and procedures, structure and staffing of the top servicers, as well as their use of law firms and other third parties. They examined 2,800 foreclosures in various stages.

The banks examined were Bank of America, Citibank, GMAC, JPMorgan Chase, Wells Fargo and nine others. The examination found critical deficiencies and shortcomings in foreclosure preparation and oversight, resulting in violations of state and local foreclosure laws, regulations and rules.

The servicers will probably be assessed fines at a later point.

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Countrywide, Bank Of America Agreement and Plan Merger 2008

Countrywide, Bank Of America Agreement and Plan Merger 2008


Note this is incomplete but the basics:

Table Of Contents:

  • Pg. 2. 2nd Supp. Note Deed Poll, Dated 11/072008, To The Note Deed Poll Dated 4/29/05
  • Pg. 10. Bank of America Corporation on 1st July 2008 – Effective date of merger
  • Pg. 15. Countrywide and Bank Of America Agreement And Plan Of Merger
  • Pg. 116. Bank of America Corporation on 7th November 2008 – Debt Assumption
  • Pg. 127. 6th Supp Trust Deed Dated 11/07/08, 11/07/08, Modifying The Prov. Of Trust Deed 5/01/98
  • Pg. 138 3rd Supp. Trust Deed 11/07/08, To The Trust Deed Dated 8/15/05
  • Pg. 148 UNAUDITED PRO FORMA CONDENSED FINANCIAL INFORMATION
  • Pg. 163. Countrywide Financial Corporation on 30th June 2008 – Consolidated Balance Sheet for
  • Pg. 282. First Supplemental Deed Poll Guarantee and Indemnity

[ipaper docId=44612785 access_key=key-1r5gobfvmuza3pv9k102 height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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MERS Signing Agreements /Corporate Resolutions Signed Using Stamps

MERS Signing Agreements /Corporate Resolutions Signed Using Stamps


The various signatures and time frames below.

Notice the handwritten signatures have turned to stamps.

Question: What happens if these stamps go lost or stolen?

Please hit email a tip located above this page  if you have any of these handy.

VP/SECRETARY/ TREASURER WILLIAM C. HULTMAN

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VICE PRESIDENT SHARON HORSTKAMP

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Enter the STAMP

These two Corporate Documents were located in two separate states thousands of miles across from each other .

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Related:

MERS 101

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© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, Christopher Peterson, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, investigation, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., robo signers, William C. HultmanComments (2)

WANTED: MERS CORPORATE RESOLUTION and SIGNING AGREEMENTS

WANTED: MERS CORPORATE RESOLUTION and SIGNING AGREEMENTS


Please send me any Corporate Resolutions or Signing Agreements you may have. These were provided mainly to Vendors/ Foreclosure Mills. Not easy to get but also not impossible.

Please use Email a Tip above this page.

I really want the Signatures of Both Sharon M. Hostkamp & William C. Hultman


What does the Corporate Resolution look like?

CORPORATE RESOLUTION

Be it Resolved that the attached list of candidates are employees of (Insert Name of MERS Member), a Member of Mortgage Electronic Registration Systems, Inc. (MERS), and are hereby appointed as assistant secretaries and vice presidents of MERS, and, as such, are authorized to:

(1) Release the lien of any mortgage loan registered on the MERS® System that is shown to be registered to the Member;

(2) Assign the lien of any mortgage loan naming MERS as the mortgagee when the Member is also the current promissory note-holder, or if the mortgage loan is registered on the MERS® System, is shown to be registered to the Member;

(3) Execute any and all documents necessary to foreclose upon the property securing any mortgage loan registered on the MERS® System that is shown to be registered to the Member, including but not limited to (a) substitution of trustee on Deeds of Trust, (b) Trustee’s Deeds upon sale on behalf of MERS, (c) Affidavits of Non-military Status, (d) Affidavits of Judgment, (e) Affidavits of Debt, (f) quitclaim deeds, (g) Affidavits
regarding lost promissory notes, and (h) endorsements of promissory notes to VA or HUD on behalf of MERS as a required part of the claims process;

(4) Take any and all actions and execute all documents necessary to protect the interest of the Member, the beneficial owner of such mortgage loan, or MERS in any bankruptcy proceeding regarding a loan registered on the MERS® System that is shown to be registered to the Member, including but not limited to: (a) executing Proofs of Claim and Affidavits of Movant under 11 U.S.C. Sec. 501-502, Bankruptcy Rule 3001-3003, and applicable local bankruptcy rules, (b) entering a Notice of Appearance, (c) vote for a trustee of the estate of the debtor, (d) vote for a committee of creditors, (e) attend the meeting of creditors of the debtor, or any adjournment thereof, and vote on behalf of the Member, the beneficial owner of such mortgage loan, or MERS, on any question that may be lawfully submitted before creditors in such a meeting, (f) complete, execute, and return a ballot accepting or rejecting a plan, and (g) execute reaffirmation agreements;

(5) Take any and all actions and execute all documents necessary to refinance, subordinate, amend or modify any mortgage loan registered on the MERS® System that is shown to be registered to the Member.

(6) Endorse checks made payable to Mortgage Electronic Registration Systems, Inc. to the Member that are received by the Member for payment on any mortgage loan registered on the MERS® System that is shown to be registered to the Member;

(7) Take any such actions and execute such documents as may be necessary to fulfill the Member’s servicing obligations to the beneficial owner of such mortgage loan (including mortgage loans that are removed from the MERS® System as a result of the transfer thereof to a non-member of MERS).

I, William C. Hultman, being the Corporate Secretary of Mortgage Electronic Registration Systems, Inc., hereby certify that the foregoing is a true copy of a Resolution duly adopted by the Board of Directors of said corporation effective as of the day of , which is in full force and effect on this date and does not conflict with the Certificate of Incorporation or By-Laws of said corporation.

____________________________________
William C. Hultman, Secretary

Excellent resource on MERS below from the law department:

[ipaper docId=38684960 access_key=key-20yk59rxvs8krda8j6gv height=600 width=600 /]


© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in assignment of mortgage, foreclosure, foreclosure mills, foreclosures, investigation, Karen M. Horstkamp, MERS, MERSCORP, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD, Wall Street, William C. HultmanComments Off on WANTED: MERS CORPORATE RESOLUTION and SIGNING AGREEMENTS

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