Posted on 13 February 2012.
Bain v. Metropolitan is set for hearing on March 15. This is an amicus from attorney Shawn Timothy Newman for Organization United for Reform (OUR) – Washington.
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Posted in STOP FORECLOSURE FRAUDComments (0)
Posted on 22 October 2010.
Scott Anderson
Deutsche Bank National Trust Co.
Law Offices of Marshall Watson
New Century Mortgage Corp.
Ocwen Loan Servicing, LLC
Action Date: October 21, 2010
Location: St. Petersburg, FL
On October 21, 2010, in St. Petersburg, Florida, Circuit Court Judge Anthony Rondolino dismissed the plaintiff’s First Amended Complaint in a foreclosure action, Deutsche Bank National Trust Co., et al. v. Donnie J. Decker, et al., Case No. 09-20548-CI-13, 6th Judicial Circuit, in and for Pinellas County, Florida.
The complaint was brought by Deutsche Bank as trustee for a mortgage-backed trust, Morgan Stanley Dean Witter Capital, Inc., under a Pooling & Servicing Agreement dated May 1, 2001. The original complaint was dismissed due to chain-of-title problems.
The amended complaint included an Assignment from New Century Mortgage Corp. to the plaintiff that was executed on February 17, 2010 by Scott Anderson in his capacity as an Executive Vice President of Residential Loan Servicing for Ocwen Loan Servicing, LLC through its authority as Attorney-In-Fact for New Century Mortgage Corporation. Regarding this Assignment, Judge Rondolino commented as follows:
“There is nothing about this assignment which would support a determination at the pleading stage that it is invalid. On the other hand, should evidence be presented at a summary judgment hearing that New Century Mortgage Corporation, LLC became the subject of a bankruptcy proceeding which resulted in a liquidation order, the validity of this assignment would be called into question. Then, absent specific proof that Ocwen had authority from either the bankruptcy court or the liquidation trustee, this disposition of New Century’s (the debtor in bankruptcy) asset there would be a disputed material fact precluding a summary judgment. These concerns however are not ripe at this time…”
In closing, Judge Rondolino warned the plaintiff and its counsel, the Law Offices of Marshall Watson, that any new complaint must be verified, in accordance with the revised Florida Rules of Civil Procedure.
Judge Rondolino then warned very plainly, “If it is thereafter determined that the verification was not based on an appropriate investigation or that the allegations were false, the Plaintiff and the person who signed the verified complaint will be subject to sanctions which may include dismissal of the action with prejudice, assessment of fees and costs, monetary or incarcerative sanctions and referral to the State Attorney for prosecution pursuant to F.S. 837.”
Rondolino’s concerns arose in part because the Assignment came after the foreclosure action was filed. Plaintiff’s law firm is one of four law firms under investigation by the Florida Attorney General for using forged and fraudulent documents in foreclosure actions.
Scott Anderson of Ocwen has been named in foreclosure opinions of Brooklyn Judge Arthur M. Schack as an individual who signs using many different job titles. The trust in this case had a closing date in 2001, but according to the Anderson Assignment, acquired Decker’s non-performing loan in February, 2010. These same or similar facts have been presented in hundreds of foreclosure cases across the country.
Almost every major robo-signer, including Liquenda Allotey, China Brown, Linda Green, Alfonzo Greene, Korell Harp, Bethany Hood and John Kennerty have signed as Attorney-In-Fact for New Century Mortgage Corporation in 2009 and 2010 to transfer mortgages to securitized trusts that closed years earlier.
Judge Rondolino’s opinion lays a blueprint for other judges to follow when presented with mortgage assignments that appear to have been specially created to facilitate foreclosures. It is the first opinion in Florida to warn of possible “incarcerative sanctions.” (Five different versions of the “Scott Anderson” signature are posted in the “Pleadings” section of this web site.)
Posted in STOP FORECLOSURE FRAUDComments (2)
Posted on 20 October 2010.
Action Date: October 20, 2010
Location: South Bend, IN
On September 30, 2010, U.S. Bankruptcy Judge Harry C. Dees, Jr., Northern District of Indiana, South Bend Division, confronted head-on the widespread practice of employees of mortgage servicing companies signing Mortgage Assignments with false job titles, in Koontz v. EverHome Mortgage and Mortgage Electronic Registration Systems, Inc., Case No. 09-30024, Proc. No. 10-3005.
In this contested foreclosure, EverHome and MERS moved for summary judgment, while the plaintiff homeowners argued that there were genuine issues of material fact that precluded summary judgment. One such issue involved a Mortgage Assignment signed by Bethany Hood as Vice President of Mortgage Electronic Registration Systems, Inc. (“MERS”). (Regular readers of Fraud Digest will recognize that Bethany Hood is a clerical employee of Lender Processing Services who works in the Mendota Heights, MN office and who signs thousands of mortgage documents monthly using at least 20 different job titles.)
Here is what the Court said about this:
“MERS, in its Answer to the plaintiff’s Complaint, admit(ted) that Bethany Hood is not an employee of MERS. (cite omitted).
The debtor claimed that the document [assignment signed by Bethany Hood as a MERS officer] was fabricated and MERS has offered no other explanation, nor has it submitted properly authenticated documentation of an assignment. It appears to this Court that a fraudulent recorded Assignment of Mortgage might still be found today in the St. Joseph’s County Recorder’s Office, despite MERS’ knowledge of the false signature.
Indeed, MERS has completely sidestepped the fact that this Assignment was signed by someone representing herself to be a Vice President of MERS, and it has declined to explain why this false document was attached to the amended Proof of Claim… In the view of this court, the conduct of the EverHome defendants and the MERS defendant – reflecting a lack of transparency and determination not to provide information or documents until required – has burdened both the debtor and this Court…On this case, the Creditors have been forced to admit that a non-employee signed the Assignment of Mortgage, representing herself to be a Vice President of MERS and other banks or mortgage companies held the Mortgage and or Note at issue… Having determined that genuine issues of material fact exist, the Court denies the Motions for Summary Judgment filed by the EverHome defendants and MERS…” How many other Mortgage Assignments signed by individuals falsely claiming to be Vice Presidents of MERS have been filed since 2008?
It is likely that the number is greater than ten million.
Posted in STOP FORECLOSURE FRAUDComments (1)
Posted on 25 April 2010.
COMPLETE AND UTTER BULL SHIT!
Under the contract with MERS, they were appointed…
“CORRECTION “SELF” APPOINTED”
The instant motion for summary judgment concerns only one Defendant: Lender Processing Services (“LPS”). LPS “process[es] the necessary paperwork to pursue non-judicial foreclosure on behalf of its servicer and lender clients.” (Allen Decl. (Dkt. No. 74 at 1).) LPS had contracts with Defendants IndyMac Bank (now IndyMac Federal Bank) and Mortgage Electronic Registration Systems (“MERS”). Under the contract with MERS, LPS[3] employees were “appointed as assistant secretaries and vice presidents of [MERS] and, as such, are authorized to . . . execute any and all documents necessary to foreclose upon the property securing any mortgage loan registered on the MERS system
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How about Christina’s many signatures and positions in 1-5 banks below? So not only does she sign for MERS????
[youtube=http://www.youtube.com/watch?v=3tL8mNL4bYw]
Hypothetically…even *if* they had authority…they are FORGING these documents!!!
© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.Posted in concealment, conspiracy, corruption, dinsfla, foreclosure fraud, indymac, Lender Processing Services Inc., LPS, MERS, robo signer, robo signersComments (3)
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