Bank Fraud

American Home Mortgage Servicing
Sand Canyon Corporation
Kathy Smith
Soundview Home Loan Trust, 2007-OPT2
Wells Fargo Bank, N.A.

Action Date: January 1, 2012
Location: Maui, HI

On January 2, 2012, Wells Fargo Bank and American Home Mortgage Servicing, Inc. (“AHMSI”) will attempt to force the Tehiva/Phillips family from their family home on 5305 Hana Highway in Maui, Hawaii. This has been the family home for over 100 years.

Wells Fargo is acting as the Trustee for an RMBS Trust, Soundview Home Loan Trust 2007-OPT2. AHMSI is acting as the servicer for the trust.

Wells Fargo and AHMSI have relied on a fraudulent Mortgage Assignment in this foreclosure eviction.

The Assignment is dated June 24, 2010 and was signed by Kathy Smith in Duval County, Florida. Smith purports to be a corporate officer (Assistant Secretary) of Sand Canyon Corporation.

Kathy Smith is not and has never been employed by Sand Canyon Corporation; she is actually employed by AHMSI in its Jacksonville, FL (Duval County) office.

On Hillsborough County, FL, document 2010350478, Kathy Smith swore she was an employee of AHMSI on October 1, 2010.

On Hillsborough County, FL document 20100057228, Kathy Smith swore she was Assistant Secretary of AHMSI on February 8, 2010.

In the Memorandum Decision of the Bankruptcy Court for the District of Arizona in the matter of the bankruptcy of Anthony Tarantola, Case No. 4:09-bk-09703-EWH, Kathy Smith is referred to on Page 5, lines 8-9, as the Assistant Secretary of AHMSI.

To aid in foreclosures, Kathy Smith has used all of the following different job titles:

• Assistant Secretary and Vice President, Ameriquest Mortgage Company (February 3, 2010);

• Assistant Secretary and Vice President, Citi Residential, Inc., Attorney-in-Fact for Ameriquest Mortgage Company (April 12, 2010);

• Attorney-in-Fact, Argent Mortgage Corporation (January 13, 2010);

• Assistant Secretary, Citibank, N.A., as Trustee for American Home Mortgage Asset Trust 2006-3 Mortgage-Backed Pass-Through Certificates, Series 2006-3; (January 13, 2010);

• Assistant Secretary, Deutsche Bank National Trust Company as Indenture Trustee for American Home Mortgage Investment Trust 2006-3, Mortgage-Backed Notes, Series 2006-3 (January 13, 2010);

• Attorney-in-Fact, New Century Mortgage Corporation (January 19, 2010);

• Assistant Secretary, Sand Canyon Corporation f/k/a Option One Mortgage Corporation (April 12, 2010)

• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for American Brokers Conduit (February 25, 2010);

• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for American Home Mortgage (February 18, 2010);

• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for American Home Mortgage Acceptance (January 25, 2010);

• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for Beazer Mortgage Corporation (January 13, 2010);

• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for HomeBanc Mortgage Corporation (January 11, 2010); and

• Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as Nominee for Taylor, Bean & Whitaker Mortgage Corporation (May 7, 2010).

The President of Sand Canyon Corporation, Dale M. Sugimoto, submitted a sworn Declaration signed on March 18, 2009, stating that Sand Canyon Corporation did not own or service any residential real estate mortgages. Despite this sworn statement of the company president, the Assignment in the Tehiva/Phillips foreclosure has Kathy Smith, purporting to act as an officer of Sand Canyon, to transfer the Tehiva/Phillips mortgage to the Soundview Trust. The Sugimoto Declaration was submitted in bankruptcy court for the Eastern District of Louisiana, New Orleans Division, as document 52-3, in the case of Ron Wilson, Case No. 10-51328.

Kathy Smith is also not listed as an officer of Sand Canyon Corporation in the Florida corporate records, nor did Sand Canyon have offices in Florida, where the Assignment was notarized.

The closing date of the Soundview Trust 2007-OPT2 was July 10, 2007. The trust was not authorized to acquire mortgages after this date; and certainly was not authorized to ever acquire any non-performing mortgages.

For all of the reasons set forth above, Wells Fargo and AHMSI should immediately cease their attempts to seize the Tehiva/Phillips home. Wells Fargo should be required to produce Kathy Smith in court in Hawaii and to produce the records of the trust showing that the trust acquired the Tehiva/Phillips mortgage in 2010 as represented by Smith.

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

SFF first posted this back on August 26, 2010.

Linda Green is/was an employee of DocX a subsidiary of Lender Processing Services located in Alpharetta, Georgia. Her signature was forged on key sensitive documents relating to county land records.

Below is a document that Shapiro & Fishman filed as a CORRECTIVE ASSIGNMENT OF MORTGAGE.

What about the Satisfactions? In DOCX’s website they said:

“DOCX has built its solid reputation at not only managing large assignment projects, but satisfactions as well“.

• Exactly how many documents were signed by Green’s name as VP for MERS between these dates?
• Who do we contact to make this a nationwide recall alert like the recent “egg recall” containing salmonella?
  
• Exactly who is being notified if there is any title issues on your homes?
• Has there been a recall notice sent to County Recorders on this issue?
• Are there more VP’s of MERS who had no authority to execute documents?

LPS DOCX LINDA GREEN SHAPIRO

[ipaper docId=44005903 access_key=key-28f23qvartvao40f2b0x height=600 width=600 /]

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

Linda Green
Lender Processing Services
Shapiro & Fishman

Action Date: August 26, 2010
Location: Fort Lauderdale, FL

On August 11, 2010, the Florida foreclosure mill law firm of Shapiro & Fishman (S&F) filed a “corrective” mortgage assignment (copy available in the “Pleadings” section herein). According to S & F, this “corrective” assignment was necessary because previous assignments filed by S & F were signed by Linda Green “who at that time did not have signing authority on behalf of MERS.” The day before, on August 10, 2010, the Florida Attorney General’s office issued a press release identifying S & F as one of the Florida law firms under investigation for unfair & deceptive trade practices involving improper documentation used to speed foreclosure proceedings. When Linda Green signed the prior assignments as a MERS officer, she was actually employed by Lender Processing Services in its Alpharetta, Georgia offices. Lender Processing Services decides which law firms get assigned foreclosure cases by the banks in hundreds of thousands of cases. Lender Processing Services hires the law firms and provides these firms with the documents they might need – using its own employees to sign the documents – without authority from MERS. The “corrective” assignment was signed by Kathy Smith and Joseph Kaminski who were identified as Assistant Secretaries of MERS, as nominee for American Brokers Conduit ( a company in bankruptcy since 2007). Smith & Kaminski are not actually employed by MERS or by American Brokers Conduit – so S&H may need another “corrective assignment.” The original assignment was dated October 17, 2008 – over two weeks AFTER the Lis Pendens was filed, but the “corrective” assignment attempts to solve the obvious lack of standing by a provision that states that the actual delivery of the documents took place on an unspecified date “and that such delivery of documents had occurred before default and before the filing to the lis pendens…” Courts and homeowners can expect a few more corrections from Shapiro & Fishman.

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

So they say…

This is Linda Green they are admitting to as not having authority for MERS. Linda Green is an employee of DOCx/ LPS!

While they view it as not having authority, I view it as plain out FRAUD!

Both Kathy Smith and Joseph Kaminski are employees of Lender Processing Services in Jacksonville aka Duval County.

Take a look at the Corrective Assignment below:

Now take a look at why…lets compare the signatures

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

U.S. Bankruptcy Judge EILEEN W. HOLLOWELL knew exactly where this was going and put an immediate stop to it.

Deutsche not only created the Allonge after it filed its MRS and falsely represented that it was affixed to the Original, but it also relied on the LPA authorizing the transfer of the Note when substantially identical powers of attorney have been held to be ineffective in reported decisions involving Deutsche.

Deutsche, AHMSI and counsel should, however, treat this decision as a warning. If, in the future, the court is confronted with filings as deficient and incorrect as filed in this case, the court will issue an order to show cause and consider imposing sanctions including, but not limited to, an award of fees to debtors’ counsel for having to oppose motions filed without proper evidence or worse with improper evidence.

[ipaper docId=35633817 access_key=key-9b6oinutgrymchunjqw height=600 width=600 /]

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