May
16

Article 9 and Bankruptcy Judges

prior post addressed a proposed amendment to Article 9's official comments stating that the date of an Article 9 filing relates back to the initial filing date even if the debtor did NOT authorize the filing at that time. This post returns to that topic for two reasons. First, although it is risky to generalize, I sense that bankruptcy judges may still be unaware of this proposed amendment. This is relevant because bankruptcy judges often are on the "front lines" of Article 9 interpretation. Second, I have heard, indirectly, that at least some people want this amendment to lend approval to some lenders' current practice to routinely file without authorization during the loan application process. In other words, the loan is likely to be given within a few days, so no harm no foul. Maybe I misheard or misunderstood?  

Article 9 does contemplate and even endorses "pre-filing," (filing a financing statement before the loan is approved). Absent exceptions not relevant here, however, Article 9 expressly conditions a lender's authority to file a financing statement against a debtor on getting that debtor's authorization for the filing in an authenticated record - whether in an elaborate loan application or scrawled on a napkin. This may well be one of the clearest parts of Article 9. Whatever one's views of the merits, a comment cannot trump this statutory requirement that reserves to the debtor some control over the clouding of title to his/her/its property. 

As suggested by one of the commentators in response to my last post, eliminating debtor signatures from financing statements sure did open a can of worms. Moving to medium neutrality is one thing. Rendering debtor authorization optional is something different entirely.      

Mar
26

Jeff Thigpen | How One Local Official in North Carolina Is Trying to Hold Wall Street Giants Accountable for Widespread Fraud (AUDIO)

How One Local Official in North Carolina Is Trying to Hold Wall Street Giants Accountable for Widespread Fraud Jeff Thigpen is trying to restore the rule of law in one North Carolina county. When Wall Street hustlers figured out a scheme to make a fortune trading home mortgages in the 1990s, they faced some legal … Read more Related posts:
  1. E-Signatures | Robo-Signing Continues On Key Land Records In North Carolina
  2. Foreclosure Fraud | Guilford County Register of Deeds Jeff Thigpen and Lynn Szymoniak to Hold Press Conference Wednesday at 10 AM
  3. Next Up – North Carolina – AG Cooper Questions GMAC Mortgage’s Foreclosure Actions
Mar
20

The Battle of Athens: Restoring the Rule of Law (VIDEO)

The Battle of Athens was an armed rebellion led by WWII veterans and citizens in Athens and Etowah, Tennessee, United States, against the tyrannical local government in August 1946. ~ 4closureFraud.org TweetRelated posts: WPTV WPB | Impact 5: The Foreclosure Battle (VIDEO) Video – Attorney Signatures – The Next Fraud Battle Ground UNITED STATES v. … Read more Related posts:
  1. WPTV WPB | Impact 5: The Foreclosure Battle (VIDEO)
  2. Video – Attorney Signatures – The Next Fraud Battle Ground
  3. UNITED STATES v. JONES | Supremes Rule Covert GPS Is a “Search”
Mar
20

The Battle of Athens: Restoring the Rule of Law (VIDEO)

The Battle of Athens was an armed rebellion led by WWII veterans and citizens in Athens and Etowah, Tennessee, United States, against the tyrannical local government in August 1946. ~ 4closureFraud.org TweetRelated posts: Video – Attorney Signatures – The Next Fraud Battle Ground WPTV WPB | Impact 5: The Foreclosure Battle (VIDEO) Fox Business Video … Read more Related posts:
  1. Video – Attorney Signatures – The Next Fraud Battle Ground
  2. WPTV WPB | Impact 5: The Foreclosure Battle (VIDEO)
  3. Fox Business Video | Robo-Signing Deal Nearing Conclusion
Feb
14

Will Santorum make the ballot in Indiana? Romney’s state co-chair to help decide

"I can be impartial."


While Rick Santorum targets Michigan in a big way, a minor controversy brews in Indiana, where, yesterday, four voters filed official challenges to his candidacy, claiming that he fell eight signatures short in Marion County of the 500-signature-per-congressional-district requirement to appear on the ballot. An election commission will decide whether Santorum’s signatures are adequate — [...]

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Feb
02

Arson | Wife Torches Family Home To Conceal Pending Eviction From Foreclosure

Grand jury testimony points finger at Pleasanton woman accused of arson PLEASANTON — A mountain of debt cloaked in years of forged spousal signatures and a pending foreclosure were the motive for a Pleasanton woman to burn down her home in a 2008 fire, according to arguments given by prosecutors before the Alameda County grand … Read more Related posts:
  1. Grand Jury Transcripts of Gary Trafford and Geraldine Sheppard of Lender Processing Services in Nevada Foreclosure Fraud Case
  2. Swat Team Storms House Tasers Stroke Victims Wife During Foreclosure Eviction
  3. Death by Foreclosure | Denied for Loan Modification Six Times, Man Kills Wife, Self, Burns Down Home
Jan
18

WPTV WPB | Impact 5: The Foreclosure Battle (VIDEO)

Our local station in Palm Beach Florida says they are going to focus on the foreclosure crisis as their top story of the year. I can see the stations studio from my balcony. Might have to drop in for a visit. ~ 4closureFraud.org Tweet Related posts: Video – Attorney Signatures – The Next Fraud Battle … Read more Related posts:
  1. Video – Attorney Signatures – The Next Fraud Battle Ground
  2. Washington Post Wants to Know – What Impact has Foreclosure had on YOU and YOUR Family?
  3. Palm Beach Post | Crowds at Stern Hearings Prompt Video Link
Jan
17

Wisconsin Democrats brag: The Walker recall effort has reached 1 million signatures

Proving ... ?


Given that the “Recall Walker” effort reached 300,000 signatures in just 12 days, it would have been far more surprising if Wisconsin Gov. Scott Walker’s opponents didn’t manage to collect enough signatures to go forward with the election. Still, 1 million signatures is nearly twice the number needed to trigger an actual election — and [...]

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Jan
04

Obamateurism of the Day

Signatures.


We’ve certainly noted Barack Obama’s sudden affinity for presidential signing statements after taking office on several occasions, having vented his spleen at George W. Bush’s habit of challenging Congressional legislation without offering a veto. This is just one example: Q: When Congress offers you a bill, do you promise not to use presidential signage [sic] [...]

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Jan
04

Obamateurism of the Day

Signatures.


We’ve certainly noted Barack Obama’s sudden affinity for presidential signing statements after taking office on several occasions, having vented his spleen at George W. Bush’s habit of challenging Congressional legislation without offering a veto. This is just one example: Q: When Congress offers you a bill, do you promise not to use presidential signage [sic] [...]

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Dec
26

Noted historian claims failure to make VA ballot a lot like … Pearl Harbor

Disaster.


I’ve spent this morning trying to come up with a “Tora! Tora! Tora!” reference for this claim, and I just can’t quite make it: Newt Gingrich’s campaign director said the candidate is viewing the setback in Virginia, in which he failed to collect enough signatures to qualify for the state’s primary, as an “unexpected setback” [...]

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Dec
23

Breaking: Rick Perry disqualified from Virginia ballot for insufficient signatures

Fiasco.


We knew it might happen but I don’t think anyone thought it would happen. If you guys need me, I’ll be in a dark room drinking myself into unconsciousness. An announcement from the party on former House Speaker Newt Gingrich’s petitions is expected Friday evening. The state GOP verified Friday that Romney and Paul turned [...]

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Dec
22

Fiasco: Bachmann, Huntsman, Santorum fail to make Virginia ballot

Thinning the herd.


That’s not even the worst part. The worst part is that Perry and Gingrich, either one of whom could still become the Great Grassroots Hope against Romney, might not have qualified either. You need 10,000 signatures to make the ballot but 15,000 are recommended since a bunch are bound to be thrown out as false [...]

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Dec
15

Action Alert | SOS For Danielle Sterling Endorsements & Signatures For American Home Mortgage Entities

SOS For Danielle Sterling Endorsements & Signatures For American Home Mortgage Entities Friends & Colleagues: We have a BIG case that will turn industry on its head. We are now going after “robo-endorsers” which is similar to robo-signing, but with the actual endorsements placed on alleged wet-ink promissory notes and allonges. We have evidence and … Read more Related posts:
  1. Bank of America Attempts Another Theft of an American Home with PAID OFF MORTGAGE! Maria and Jose Perez v. Bac Home Loans Servicing Lp, ReconTrust, Na
  2. Ohio Attorney General vs AHMSI American Home Mortgage Servicing Inc
  3. KABOOOOM | Plaintiff’s Petition – American Home Mortgage Servicing vs Lender Processing Services (LPS)
Dec
14

“Mickey Mouse” is free to petition for Scott Walker’s recall

"Adolf Hitler," too.


Just as Attorney General Eric Holder speaks out against voter identification laws, a government board in Wisconsin yesterday signaled that it will accept the signatures of “Mickey Mouse” and even “Adolf Hitler” on petitions for an election to recall Gov. Scott Walker. Politico has the story: Signatures of names like Mickey Mouse and Adolf Hitler [...]

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Dec
01

“Recall Walker” effort starting strong, with 300,000 signatures in 12 days

No real surprise there.


In case you missed it, United Wisconsin announced earlier this week that its members collected more than 300,000 signatures in support of a Scott Walker recall election in just 12 days. That’s not necessarily surprising — single-issue activists are notoriously focused and motivated people — but it’s still impressive, translating into more than 1,040 signatures an hour. That’s [...]

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Nov
17

Heh, It’s A Bankster CRIMINAL Indictment! (LPS)

  The Market Ticker – Heh, It’s A Bankster CRIMINAL Indictment! My God, it’s full of stars! The 606-count indictment alleges that the two title officers, Gary Trafford and Gerri Sheppard, directed employees under their supervision to forge their names on foreclosure documents, then notarize the forged signatures, so that it appeared that the pair … Read more Related posts:
  1. FRAUDCLOSURE | OFFICE OF THE ATTORNEY GENERAL (NOT PAM BONDI) ANNOUNCES INDICTMENT IN MASSIVE ROBO-SIGNING SCHEME
  2. Foreclosure Fraud Fail | There Are No More Criminal Laws for Banks
  3. Assembly Bill No. 284 | Potential Felony Charges Make Servicers (aka Illegal Debt Collectors) Pause Nevada Fraudclosures
Nov
10

Soon Enough the Situation Will Be Reversed | Berkeley Police Beat PEACEFUL Cal Students to the Ground (VIDEO)

The day of reckoning is coming… What side will you be on? ~ 4closureFraud.org Tweet Related posts:Video – Attorney Signatures – The Next Fraud Battle Ground OCCUPY | A Message To The Police: “You Have No Power!” (VIDEO) Lee Camp | The Police Are On The Wrong Side At The #OccupyWallStreet Protests (VIDEO) Related posts:
  1. Video – Attorney Signatures – The Next Fraud Battle Ground
  2. OCCUPY | A Message To The Police: “You Have No Power!” (VIDEO)
  3. Lee Camp | The Police Are On The Wrong Side At The #OccupyWallStreet Protests (VIDEO)
Oct
25

Foreclosure Fight Club Lawyer George Babcock LIVE on the Buddy Cianci Show @ 5pm Today 10/25/2011

“Send your minions that  I may  lay waste  to them before me.“ ~ George Babcock ~ Foreclosure Fight Club Lawyer George Babcock LIVE on the Buddy Cianci Show @ 5pm today Sorry for the late notice but just got the info… You can watch LIVE on Ustream and CHAT if you have an account here… … Read more Related posts:
  1. Foreclosure Fight Club Atty George Babcock | Urgent Memorandum – It’s on baby
  2. On the Air Sunday 12pm EST | George Babcock Live on Property Law Today WDJA 1420
  3. Fight Club Attorney George Babcock | Andrew Harmon Signatures Examined by Handwriting Expert
Oct
19

Ocwen | Delivery of Modification Package and Petition by Bermuda Triangle Recovery Services (VIDEO)

This was fun… Volunteers representing several community action groups went to Ocwen Financial in West Palm Beach, Florida and delivered the paperwork along with a petition with 74 hundred signatures supporting 71-year-old Dixie Mitchell, in person. More on this here, here, and here… Superintendent Lawsky Announces Agreement With Goldman Sachs, Ocwen, Litton On Groundbreaking New … Read more Related posts:
  1. Bloomberg | Goldman Sachs Will Sell Litton Loan Servicing to Ocwen for $264 Million
  2. Simultaneous Protests in West Palm Beach FL and Seattle WA Target Ocwen Financial Today
  3. How Would This Work for Other Crimes? NY Regulator, Goldman Reach “Robosigning” Pact
Oct
19

Ocwen | Effort to keep Seattle woman in her home goes nationwide

So acting on her behalf, volunteers representing several community action groups went to Ocwen Financial in West Palm Beach, Florida and delivered the paperwork along with a petition with 74 hundred signatures supporting her, in person. ~ Effort to keep Seattle woman in her home goes nationwide A Seattle woman is trying the direct approach … Read more Related posts:
  1. Simultaneous Protests in West Palm Beach FL and Seattle WA Target Ocwen Financial Today
  2. Photos: Seattle Activists Shut Down Intersection in Front of Chase Bank; 11 Arrested
  3. NY Times – Queens Woman Nearly Loses Home Over Bank of America Error
Oct
14

Linda Green | Robo-signing Signing Scandal Hits Allen County Recorder John McGauley, Thousands of Suspect Documents, Including His Own

Signing scandal hitting home Dubious names affect verification of deeds FORT WAYNE – Allen County Recorder John McGauley knew property documents with suspect signatures were prevalent. After all, there were so many that a year ago the nation’s largest banks had to halt foreclosures to deal with the sea of paperwork that could not be … Read more Related posts:
  1. AG (NOT Pam Bondi) Gets Help from County Recorders (NOT Sharon Bock) in Robo-signing Investigation
  2. Toxic Titles Part Deux – Linda Green of Docx (et al?) Did NOT Have Signing Authority on Behalf of MERS
  3. Robo-signed | Fraudulent Mortgage Documents Fill County Files Dating to the Late 1990s or Since the Inception of MERS
Oct
10

Wisconsin Democrats: The effort to recall Scott Walker begins November 15

It's on.


My headline was better the last time I wrote about this. Wisconsin Democratic Party Chairman Mike Tate said on the party’s website that recall petitions will be circulated starting Nov. 15, giving supporters of the effort until Jan. 13 to collect 540,208 signatures… A group called United Wisconsin is leading the Walker recall effort and [...]

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Feb
01

Attorneys Should Hold Private, Secret Hearings To Report Fraud….

foreclosure-lawyersI really think my head is going to explode.  It’s getting way past the point of being able to make sense of any of this….from the Palm Beach Post:

In an opinion that could have unfathomable consequences in countless foreclosure cases, The Florida Bar says attorneys must notify a judge about potential fraud — including robo-signed affidavits and forged notary stamps — even if a foreclosure case is closed and the home has been sold at auction.

The direction was published in an article in today’s issue of The Florida Bar Journal as part of an outline in a new free online foreclosure class offered by The Bar. The class is in response to problems that led several major lenders to temporarily freeze foreclosures last fall.

No one knows how many cases could be affected or what judges will do when they are notified. About 1.2 million foreclosures have been filed in Florida since January 2007, according to RealtyTrac. Investigators for the Florida Attorney General’s Office have found tens of thousands of forged signatures, backdated documents and other problem paperwork at four law firms, so-called “foreclosure mills” currently under investigation.

Palm Beach Post

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Jan
04

SIGN THIS! StopServicerScams.com Petition Will Go to Geithner, Bair, Bernanke, and Walsh!

Servicer abuse?  I’m the poster child for hating servicer abuse!  So, why am I always the last to know about these things?  Geeze… what am I… chopped liver over here?   Oh well, it just came out this morning on Naked Capitalism, so I guess I caught it in time…

So, how about doing me a favor and showing everyone that Mandelman Matters readers… well… matter… by not only signing this yourself, because I know you want to stop Servicer scams and abuses as much as anyone in the country… but also could you put in the extra effort and forward it to everyone you know that will also want to sign it?  PLEASE?  Post it on your Facebook page, LinkedIn page… Tweet it and re-Tweet it!  Anything you can think of, but do it now!  Some petitions have already been delivered.

Yves Smith on Naked Capitalism says: “This is meaningful action that every citizen can take.” And I want to believe her.  Well, I definitely believe that you’re not helping by not signing it, let me at least say that.

If you read me regularly then I don’t have to tell you that mortgage servicers are out of control.  They lie constantly, they foreclose on homes they shouldn’t… they even break into homes they don’t even own… did I already mention how much they lie?

Come on… we need you to be involved and we need all the signatures we can get… plus you’ll make me look good! (Kidding, I’m just kidding.)

Make your voice heard… there’s even a comment section on the petition… this is your chance to tell Geithner, Bair, Bernanke and Walsh (who is acting Comptroller of the Currency), what you think of what’s been allowed to go on… for far too long.

I’m serious about this… there are no magic bullets, but there are also no journeys that don’t begin with a first step!  So, please SIGN IT NOW!  There is literally no time to spare if you want to be heard.

CLICK HERE:

StopServicerScams!

Mandelman out.

P.S. Here’s a link to Naked Capitalism’s Yves Smith’s letter that accompanied 12,000 signed StopServicerScams.com petitions:

“Citizens call for tough regulation of residential mortgage servicers”

~~~

Still not sure, here’s Ohio Senator Sherrod Brown, attending a Senate Hearing on the foreclosure crisis…


Dec
14

Legal Woes Mount For Foreclosure Kingpin

The reports and investigations will continue to roll in…but will there be any relief for the homeowner who was victimized by such practices?  How many more families will be thrown into the streets while these investigations play out?

The first sign of legal problems for LPS emerged earlier this year, when the company disclosed that federal prosecutors in Florida had opened a criminal investigation into apparently forged signatures on foreclosure documents prepared by DocX, the shuttered subsidiary located in a small office park in Alpharetta, Georgia.

Fidelity National Financial, LPS’s former parent, had bought DocX in 2005. The unit soon became a high-speed mill, churning out mortgage assignments — many of which are now known to be of doubtful validity — on behalf of banks and investor trusts, helping them to foreclose on homeowners.

Few firms benefited more from the collapse of the U.S. housing boom than LPS. Spun off as an independent company in 2008, the company has seen its profits, with big help from its mortgage default services business, reach $232 million for the first nine months of 2010. That is a nearly 15 percent increase from the same period in 2009. Its revenue last year was $2.4 billion, up from $1.8 billion in 2008.

Full Article Here

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Nov
28

To get a sense of the lawlessness in Florida’s court-run foreclosure process, look no further than public records at the Sarasota and Manatee county courthouses.

foreclosure-trailThere, on foreclosure documents open to everyone, is the evidence that at least one law firm’s employees repeatedly broke a state law in a rush to push cases through the courthouse so banks could seize people’s homes.

There, on foreclosure documents open to everyone, is the evidence that at least one law firm’s employees repeatedly broke a state law in a rush to push cases through the courthouse so banks could seize people’s homes.

The evidence — missing signatures and misdated documents that could not have been signed on the dates specified — can be found on an important document called a “mortgage assignment.” The paperwork helps prove a lender has the legal right to seize a property.

Without it, a bank would have a costlier and more time-consuming legal path to foreclose, even if a homeowner never makes another mortgage payment.

Faced with that prospect, employees in David J. Stern’s law offices bent and broke the rules designed to ensure the documents judges rely on to award foreclosures are authentic, a Herald-Tribune investigation found.

Full Sarasota Tribune Article Here

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Nov
04

Service of Process Fraud- The Next Boot To Drop in FraudclosureGate

PBP-foreclosure-newsThe press is starting to pick up on what will be an unavoidable and unresolvable conflict in foreclosure cases….fraud in service of process.

Forget about Jeffrey Stephan and the other “technical” problems with foreclosure files, because when you don’t have good service of process, you don’t have jurisdiction and if you don’t have jurisdiction any judgment is VOID.

This is a massive issue and we’re going to start picking apart the process servers just like we’ve been taking down all the other conning/fraudulent elements that have infected the entire foreclosure process.

Examine all your summonses carefully and let’s all start comparing the alleged “signatures” on summonses…oh and the affidavits of diligent search and inquiries….wonder just how diligent they really were?  Were the summons actually served by the licensed process server or were others doing service? (That’s void service.)

How many attempts were actually made by process servers?  Who exactly are the “neighbors” that the process servers always seem to talk with but never identify?  Exactly how many mobile homes do they try and serve at?  How much is over billed for service of process charges (but no one is looking right, and I mean it’s only foreclosure right)?

Are the summons actually real, authentic and issued by the court?

Read the first in what will be many more stories here.

This is an issue that will not go away and cannot just be swept under the rug.  There is no statute of limitations on fraud in service of process. (Hello title insurers, just how confident are you in the process servers and your law firms?)

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Oct
19

Witness: Signatures Were Faked at Foreclosure Firm

“Former secretary says signatures were faked at law firm being investigated over foreclosures”

The Associated Press

By MIKE SCHNEIDER and TAMARA LUSH Associated Press Writers

An office manager at a Florida law firm under investigation for fabricating foreclosure documents would sign her name to 1,000 files a day without reviewing them and would allow paralegals to sign her name for her when she got tired, her former secretary said in a deposition released Monday.

Cheryl Salmons, office manager for the foreclosure department at the law offices of David Stern, would sign 500 files in the morning and another 500 files in the afternoon without reviewing them and with no witnesses, said former assistant Kelly Scott in a deposition released by the Florida attorney general’s office.

The files were laid out on a conference room table for Salmons to sign, the former secretary said.

“She doesn’t review them. She just looks,” Scott said. “The paper is going to be in the top folder so it’s visible to her, and she knows exactly where she has to put her signature.”

Paralegals would then collect the files and swap them with each other, signing them as witnesses even though they had already been notarized and executed, Scott said.

Salmons allowed some paralegals to sign her name for her, said the former assistant, who worked at the firm for a year in 2008.

“Most of the time she was very tired, exhausted from signing her name numerous times per day,” Scott said. “You have to understand it was more than 500 files that she is signing morning and afternoon.”

The deposition took place two weeks ago as part of the attorney general’s investigation into the law firm.
Another deposition released Monday was of Mary Cordova, who worked at G&Z Process for two months. Stern’s law firm used G&Z as a process server for foreclosures.

Cordova said when she was hired, she was told that she needed to process at least 22 cases per eight-hour shift.

“It was almost like we didn’t have time to really look at what we were doing,” she said during her deposition. “It’s like this is the particular information, input that, turn that page, here’s this piece of information, type that in. It’s more about speed than accuracy per se. Although a supervisor would look at the papers to see if they’re pretty accurate.”

Find the original article posted here…

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Oct
18

Bank of America to resume some foreclosures

Bank will lift halt on sales in 23 U.S. states requiring a judge’s approval

By ALAN ZIBEL
The Associated Press
“WASHINGTON — Bank of America plans to resume foreclosures on more than 100,000 homes in 23 states next week, saying Monday it has a legal right to seize them.Bank of America Corp., the country’s largest bank, began halting foreclosures on Oct. 2 amid questions of faulty paperwork.

The company on Monday said it plans to resubmit documents with new signatures in states that require a judge’s approval to restart the foreclosure process.

It will continue delaying foreclosures in 27 states that do not require a judge’s approval.”

Click here to read the full story on AP…

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