Eviction Halted | Judge Orders Discovery To Establish Legitimacy Of Dubious ‘Linda Green’ Mortgage Assignment
Fannie Mae Servicing Guide Announcement SVC-2011-22 | Documentation Requirements for Foreclosure and Bankruptcy Referral Packages
Fannie Mae Servicing Guide Announcement SVC-2011-22 | Documentation Requirements for Foreclosure and Bankruptcy Referral Packages
FL 4th DCA Fraudclosure Reversed | McLEAN vs JP MORGAN CHASE BANK – The record lacked any evidence that Chase had standing to foreclose at the time the lawsuit was filed
- FL 1st DCA – Summary Judgment REVERSED – The Record Contains NO Evidence of Any Assignment or Comparable Transaction
- FL 1st DCA Fraudclosure Reversed | Mazine v. M&I Bank “None of the Requirements for Admission of a Business Record Were Met”
- FL 2nd DCA Smackdown | Summary Judgement REVERSED “Record reflected genuine issues of material fact regarding the purported assignment of mortgage”
AG Martha Coakley Issues Statement on the SJC Decision in Bevilacqua v. Rodriguez
Fraudclosure | Patricia Arango Assignment of Mortgage Witnessed and Notarized, But…
NY TOXIC TITLES | Herkimer County Clerk to Nationwide Title Clearing “MERS Assignments and Satisfactions Do NOT Comply with all the Legal Requirements Per NY Law”
Servicer Assignment of Mortgage to Trust but Servicer Takes Title Regardless (FHFA v BoA mort. loan)
In The News: Thousands of Deeds Likely Forgeries
As if the country needed more proof of the outlaw behaviors of banks and their agents, The Baltimore Sun‘s Jamie Smith Hopkins reports that 1,000 or more Maryland deeds are likely forgeries, created by a foreclosure mill. A former notary from law firm Shapiro & Burson filed an affidavit with law enforcement and regulators charging that the attorneys’ signatures on the deeds and other important documents were forgeries signed at the express direction of management. The affidavit attached sample signatures.
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Pro Se Homeowner Wins Appeal On Post Dated Assignment!
WOW! What an inspiration; there are probably tens of thousands of cases filed across this country before the Plaintiff managed to get the Assignment of Mortgage executed (or faked), and yet such post-filing assignments form the basis for foreclosure judgments.
Great job to this Pro Se Warrior, for getting this excellent outcome! This is one of my favorite opinions in a long, long time because it shows that our courts are not the exclusive domain of attorneys…
STAND PROUD AND TALL!
11-01-17 – Final Order – Opinion-1
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INVESTIGATION: Questions mount about documents used in foreclosures
“TAMPA – The Chief Justice of the Florida Supreme Court today ordered judges across the state to stop closing their courtrooms to the public during foreclosure hearings.
The move by Chief Justice Charles Canady is in response to a growing chorus of complaints that banks are sometimes taking short cuts and using questionable documents in foreclosure cases.
It’s called the “Rocket Docket” and it was created by the Florida courts to deal with the deluge of foreclosure cases across the state.
In Pinellas and Pasco Counties alone, the courts say, there are a thousand new cases every month. There’s a back log of 31,000 foreclosure cases and one of them belongs to Ernie Hassell.
Hassell lost his job and now he’s losing his St. Petersburg home.
“To have all that and risk it just going up in vapor is certainly life altering,” Hassell says.
Adding insult to injury, Hassel is one of a growing number of people who are discovering the banks are allegedly re-creating the documents needed to get them out of their homes in some cases.
For instance, Hassell and his attorney believe this “Assignment of Mortgage” was created years after discovering the notary who stamped the document didn’t witness it being signed and she doesn’t know the people who signed it.
“Document Mills across the country are employing officers and agents that purport signing on behalf of corporations that have ceased to exist in many cases before the person signing today,” Hassell’s attorney, Matt Weidner says.
One of those so called document mills is Palm Harbor based Nationwide Title Clearing …”
Find the full story here on ABC Action News…
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BOMBSHELL- Video Deposition of National Title Clearing’s Bryan Bly
Another Bombshell Deposition from the Foreclosure Warriors at The Forrest Law Firm. Today’s deposition features the infamous Bryan Bly who we’ve all learned in recent months has been responsible for executing tens of thousands of documents that have been submitted in foreclosure cases across this country. Listen carefully to the whole video. It’s well worth your time and effort.
The deposition begins with Bryan Bly telling us that his title is “Signing IC”- which I will take can be interpreted as (Signing Everything I See). Here are the Bryan Bly depositions…we all (and I mean press, attorneys, judges, advocates, all Americans) owe a debt of gratitude to the Forrest Law Firm for getting this information out there. Please visit their website and support the work they are doing.
In this war, information is our most effective weapon. The banks, the institutions and law firms are not going to like these depositions being made public, but we need to all cherish and respect that in this country we all have an absolute right to view and supervise what is happening in every single courtroom and case. We can all no longer sit back passively and watch what is happening in our courtrooms…we all need to actively participate in what is occurring in these cases because it dramatically impacts us all.
6:45 HOLY SMOKES DID HE JUST ANSWER THE QUESTION, “DO YOU KNOW WHAT AN ASSIGNMENT OF MORTGAGE IS?” WITH… I DON’T KNOW?
7:00 Executes 5,000 documents per day, more than 50,000 total. Do you take steps to verify the information? No, sign and stamp the notary stamp.
9:22 His signature is inserted into documents sent for recording and he has no idea what those documents are and he never reviews those documents. That entire process takes place outside his presence and knowledge.
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Devil in the Details
Submitted by Attorney
William H. Pincus
bpincus@whpincuslaw.com
I just received a Notice of Filing Assignment of Mortgage From MERS in Virginia to BAC in Texas and signed by — you guessed it — Caryn A. Graham in Florida. It was notarized by Shavonia L. Turner before her notary privileges were revoked. And it is dated Nov. 9, 2009.
However, I also have an Assignment signed by Ms. Graham in Florida between the same companies for the same property, assigning the same legal documents but this one was notarized by Evelyn Saillant (? – name is hard to read) and witnessed by 2 different witnesses than the other assigment. And its dated Oct. 28, 2009. How many times did they need to assign the same mortgage and note!?
Filed under: foreclosure
Judge Bashes Bank in Foreclosure Case: “Criminal Probe in Florida.”
Judge Bashes Bank and Stern Law Firm in Foreclosure Case
By AMIR EFRATI
A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default.
The ruling, made last month in Pasco County, Fla., comes amid increased scrutiny of foreclosures by the prosecutors and judges in regions hurt by the recession. Judges have said in hearings they are increasingly concerned that banks are attempting to seize properties they don’t own.
Case Documents
Cases handled by the Law Offices of David Stern
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The Florida case began in December 2007 when U.S. Bank N.A. sued a homeowner, Ernest E. Harpster, after he defaulted on a $190,000 loan he received in January of that year.
The Law Offices of David J. Stern, which represented the bank, prepared a document called an “assignment of mortgage” showing that the bank received ownership of the mortgage in December 2007. The document was dated December 2007.
But after investigating the matter, Circuit Court Judge Lynn Tepper ruled that the document couldn’t have been prepared until 2008. Thus, she ruled, the bank couldn’t prove it owned the mortgage at the time the suit was filed.
The document filed by the plaintiff, Judge Tepper wrote last month, “did not exist at the time of the filing of this action…was subsequently created and…fraudulently backdated, in a purposeful, intentional effort to mislead.” She dismissed the case.
Forrest McSurdy, a lawyer at the David Stern firm that handled the U.S. Bank case, said the mistake was due to “carelessness.” The mortgage document was initially prepared and signed in 2007 but wasn’t notarized until months later, he said. After discovering similar problems in other foreclosure cases, he said, the firm voluntarily withdrew the suits and later re-filed them using appropriate documents.
“Judges get in a whirl about technicalities because the courts are overwhelmed,” he said. “The merits of the cases are the same: people aren’t paying their mortgages.”
Steve Dale, a spokesman for U.S. Bank, said the company played a passive role in the matter because it represents investors who own a mortgage-securities trust that includes the Harpster loan. He said a division of Wells Fargo & Co., which collected payments from Mr. Harpster, initiated the foreclosure on behalf of the investors.
Wells Fargo said in a statement it “does not condone, accept, nor instruct counsel to take actions such as those taken in this case.” The company said it was “troubled” by the “conclusions the Court found as to the actions of this foreclosure attorney. We will review these circumstances closely and take appropriate action as necessary.”
Since the housing crisis began several years ago, judges across the U.S. have found that documents submitted by banks to support foreclosure claims were wrong. Mistakes by banks and their representatives have also led to an ongoing federal criminal probe in Florida.
Some of the problems stem from the difficulty banks face in proving they own the loans, thanks to the complexity of the mortgage market.
The Florida ruling against U.S. Bank was also a critique of law firms that handle foreclosure cases on behalf of banks, dubbed “foreclosure mills.”
Lawyers operating foreclosure mills often are paid based on the volume of cases they complete. Some receive $1,000 per case, court records show. Firms compete for business in part based on how quickly they can foreclose. The David Stern firm had about 900 employees as of last year, court records show.
“The pure volume of foreclosures has a tendency perhaps to encourage sloppiness, boilerplate paperwork or a lack of thoroughness” by attorneys for banks, said Judge Tepper of Florida, in an interview. The deluge of foreclosures makes the process “fraught with potential for fraud,” she said.
At an unrelated hearing in a separate matter last week, Anthony Rondolino, a state-court judge in St. Petersburg, Fla., said that an affidavit submitted by the David Stern law firm on behalf of GMAC Mortgage LLC in a foreclosure case wasn’t necessarily sufficient to establish that GMAC was the owner of the mortgage.
“I don’t have any confidence that any of the documents the Court’s receiving on these mass foreclosures are valid,” the judge said at the hearing.
A spokesman for GMAC declined to comment and a lawyer at the David Stern firm declined to comment.
Write to Amir Efrati at amir.efrati@wsj.com
Filed under: bubble, CASES, CORRUPTION, Eviction, expert witness, foreclosure, foreclosure mill, Forensic Analysis Workshop, GTC | Honor, HERS, investment banking, Investor, MODIFICATION, Mortgage, Motion Practice and Discovery, securities fraud, Securitization Survey, Servicer, STATUTES, workshop Tagged: affidavit, AMIR EFRATI, Anthony Rondolino, assignment of mortgage, David Stern law firm, disclosure, Fla., Florida, foreclosure defense, Forrest McSurdy, fraud, fraud upon the court, GMAC Mortgage LLC, Harpster, HERS, Judge Lynn Tepper, Law Offices of David J. Stern, Lender Liability, securitization, St. Petersburg, Steve Dale, trustee, U.S. Bank, Wall Street Journal, Wells Fargo
Court Denies Motion to Dismiss and Holds Backdated Mortgage Assignments May be Invalid
The bad news is that the Court mistakenly assumes that MERS must be the party to enforce because the MERS assignment was backdated. MERS specifically and publicly disclaims any interest in the mortgage, note or obligation. How can MERS assign something it disclaims? MERS internet site and promotional literature all say the same thing — use us to record your assignments and transfers, we promise we’ll never assert any interest or ownership in the property, loan, note or mortgage.
The court also mistakenly quotes statute saying that a beneficiary under a deed of trust need not record the assignment of the beneficial interest. That may be true, but if the assignment is of the DOT without concurrent assignment of the note (and notice to the Trustor/Homeowner) the assignment is of dubious quality.
It is also curious why anyone would assign the deed of trust or a beneficial interest, since the assignment of the note would incorporate all interests under the security instrument under NORMAL conditions. But this isn’t normal, is it. They split the note from the mortgage and both the note and mortgage are split from the original obligation because the actual creditor is not even mentioned in the closing documents.
On March 30, 2010, in the case of Ohlendorf v. Am. Home Mortg. Servicing
, (2010 U.S. Dist. LEXIS 31098) on Defendants’ 12(B)(6) Motion, United States District Court for the Eastern District of California denied the motion to dismiss Plaintiffs wrongful foreclosure claim on grounds that the assignment of mortgage was backdated and thus may have been invalid.
“On or about June 23, 2009, defendant T.D. Service Company (a foreclosure processing service) filed a notice of default in Placer County, identifying Deutsche Bank as beneficiary and AHMSI as trustee. In an assignment of deed of trust dated July 15, 2009, MERS assigned the deed of trust to AHMSI. This assignment of deed of trust purports to be effective as of June 9, 2009. A second assignment of deed of trust was executed on the same date as the first, July 15, 2009, but the time mark placed on the second assignment of deed of trust by the Placer County Recorder indicates that it was recorded eleven seconds after the first. In this second assignment of deed of trust, AHMSI assigned the deed of trust to Deutsche. This assignment indicates that it was effective as of June 22, 2009. Both assignments were signed by Korell Harp. The assignment purportedly effective June 9, 2009, lists Harp as vice president of MERS and the assignment purportedly effective June 22, 2009, lists him as vice president of AHMSI. Six days later, on July 21, 2009, plaintiff recorded a notice of pendency of action with the Placer County Recorder. In a substitution of trustee recorded on July 29, 2009, Deutsche, as present beneficiary, substituted ADSI as trustee.”
The court stated that “while California law does not require beneficiaries to record assignments, see California Civil Code Section 2934, the process of recording assignments with backdated effective dates may be improper, and thereby taint the notice of default.”
Plaintiff’s argument was interpreted by the court to be that the backdated assignments were not valid or at least were not valid on June 23, 2009, when the notice of default was recorded. As such the court assumed Plaintiff argued that MERS remained the beneficiary on that date and therefore was the only party who could enforce the default.
Judge Lawrence K. Karlton invited Defendants to file a motion to dismiss as to plaintiff’s wrongful foreclosure claim insofar as it is premised on the backdated assignments of the mortgage.
301-867-3887
Filed under: CDO, CORRUPTION, foreclosure, GTC | Honor, HERS, Investor, Mortgage, Servicer Tagged: 12(B)(6) Motion, 2009, 2010, 2010 U.S. Dist. LEXIS 31098, ADSI, AHMSI, Am. Home Mortg. Servicing, assignments, backdated assignments, California Civil Code Section 2934, CASES, DEED OF TRUST, Deutsche, Eastern District of California, foreclosure processing service), HERS, Judge Lawrence K. Karlton, June 22, Korell Harp, March 30, MERS, MOTION TO DISMISS, Notice of Default, Ohlendorf v. Am. Home Mortg. Servicing, Placer County Recorder, T.D. Service Company, taint the notice of default, United States District Court, vice president of AHMSI, vice president of MERS, wrongful foreclosure claim
MOTION PRACTICE: US Bank Tossed Out for Fabrication of Documents, Failure to Respond to Discovery and Fraud Upon the Court
harpster US BAnk Tossed Out for Failure to Respond to Discovery and Fraud Upon the Court
Plaintiff has failed to produce answers to the Interrogatories for a period of 26 months, between the time the Interrogatories and the Request for Production were served on January 8, 2008 and the date of the hearing on the Motion to Compel took place on March 1,2010. Additionally, the court finds that the Plaintiff failed to produce responses to the Request for Production propounded in July 2009.
Defendant’s Motion in Limine/Motion to Strike was based on an allegation that the Assignment of Mortgage was created after the tiling of this action, but the document date and notarial date were purposely backdated by the Plaintiff to a date prior the filing of this foreclosure action.
The court specifically finds that the purported Assignment did not exist at the time of filing ofthis action; that the purported Assignment was subsequently created and the execution date and notarial date were fraudulently backdated, in a purposeful, intentional effort to mislead the Defendant and this Court. The Court rejects the Assignment and finds that is not entitled to introduction in evidence for any purpose. The Court finds that the Plaintiff does not have standing to bring its action. (See BAC Funding Consortium, Inc. ISOAIATIMA v. Genelle Jean-Jacques, Serge Jean-Jacques, Jr. and U.S. Bank National Association, as Trustee fo rthe C-Bass Mortgage Loan Asset Backed Certificates, Series 2006-CBS (2nd DCA Case No. 2f)~08-3553) Feb. 12,2012.)
The Assignment, as an instrument of fraud in this Court intentionally perpetrated upon this court by the Plaintiff, was made to appear as though it was created and notarized on December 5, 2007. However, that purported creation/notarization date was facially impossible: the stamp on the notary was dated May 19,2012. Since Notary commissions only last four years in Florida (see F .S. Section 117.01 (l )), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment.
Filed under: CDO, CORRUPTION, Eviction, expert witness, foreclosure, foreclosure mill, HERS, Investor, Mortgage, Servicer Tagged: BAC Funding Consortium, C-Bass Mortgage Loan Asset Backed Certificates, fabricating documents, fraud on the court, HERS, Inc., Motion IN Limine, MOTION TO COMPEL, motion to strike, Series 2006-CBS, US BANK
The House You Save… Could Be Your Own
“Luis Molina is not a lawyer and he has never played one on TV.
But that didn’t stop him from putting on his best suit, marching into a Miami courtroom this month and going up against an attorney with 30 years of experience to stop a foreclosure proceeding against his family’s home. Molina did such a good job of representing himself that the judge in the case thought he was a lawyer and punctuated his ruling in Molina’s favor by tearing up the other side’s motion for summary judgment and throwing it over his shoulder.
“I felt like a million dollars,” Molina told msnbc.com, describing his day in Judge David C. Miller’s courtroom in Florida’s 11th Judicial Circuit Court. “I felt like if there was anything in my life that I had done correctly, it had to be that. Every single lawyer after the fight came over and shook my hand.” – By Mike Starkey, MSNBC
CLICK HERE to read the Full Story…
LUIS GETS MY VOTE FOR A PROMOTION IN THE ARMY… WE’RE FIGHTING A WAR. BE A SOLIDER, NOT A BYSTANDER.
Don’t let these instituitions just take your home from you. Are you kidding? Here’s exactly what they fraudsters do!
These guys hire an attorney and make some allegations on paper that they own your Note and Mortgage and they have the right to foreclose on you. Yadda, yadda, yadda…
How would you feel if I was that institution? I just make up a company called Countywide Home Loans (notice the spelling) and I hire a slick attorney and I file a complaint against you alleging that you have defaulted in your payments and I own the mortgage and note and are seeking a foreclosure. I also allege to the court in my complaint that I don’t have the original Note but I want to “Re-establish the lost Note” under a certain state statute (in Florida it’s F.S. 673.3091) which means Iin layman’s terms that I want the court to give me the right to re-create the Note out of thin air and make up the terms as I go. Oh, and I attach the original mortgage to my complaint which is in the name of a different lender but my but my explanation for that is that they assigned the mortgage to me and now I am the owner and holder of that mortgage and note. Oh and by the way, the assignment of that mortgage hasn’t been recorded yet.
Then I go to Fidelity National Financial out of Jacksonville, FL (or my attorney) and I have them create that assignment of mortgage for me and back date it pre-filing of the foreclosure and BOOM! I am now the assignee of your mortgage, the owner of a new Note created out of thin air and I get to take your home from you.
Some reading this might say, “Lane, you’re ridiculous, this isn’t happening. You’re exaggerating and being a little dramatic, eh?” Ha! I wish I was. This is EXACTLY what is happening in over 90% of all foreclosures being filed right now in Florida. I can’t speak to what’s happening in other states but I hear through the channels that it’s the same.
Man, I could go on and on and on about this one. I simply cannot believe that our ELECTED JUDGES are having any of this!! This is outright criminal, but oh, it’s not, it’s supposedly completely legal and ok to be able to allege something that is patently false. I hear that’s called “fraud on the court” and should result in sanctions and possibly criminal proceedings against the institutions but no, nothing’s happening. You know why folks… this is easy. It’s because 98% of all homeowners that get served foreclosure papers or notice of default do NOTHING. That’s right, they let the bank/institution walk all over them, allege anything and take ‘em to the cleaners.
Because they do nothing, the court checks nothing. Does no quality control or fact checking to make sure that “Countywide Home Loans” is truly the owner of Luis Molina’s Mortgage and Note. They rubber stamp the lawsuit with a BIG, FAT DEFAULT on it and get on with it.
I met with the Chief Administrative Judge in Lee County, FL today as a representative of the Lee County Foreclosure Task Force. What stuck out to me was that he said the court’s job is to “dispose of these cases as quickly and efficiently as possible.”
You know what, he’s right! He’s doing nothing wrong. It’s up to the homeowner to FIGHT! Or hire a damn good attorney who knows what they’re doing to fight for them (which I highly recommend by the way).
This is the ultimate War on the Home Front. Get out your rusty sword, polish it up, sharpen it and get in the game. Fight for your home and find some inspiration in Luis Molina!! AWESOME! Luis, you’re a hero. Way to go. Now get after it…
