News, Research & Insights for American Homeowners, Patriots & Constitutional Conservatives
So I’ve been commenting for quite some time with problems with signatures. Have a look at the signature that appears on the document below for insight into what I’m talking about:
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The Florida Rules of Civil Procedures require that all pleadings filed in a case be signed by a licensed Florida attorney. I have started to examine files and am becoming increasingly suspicious that this important rule is not being followed by the foreclosure mills.
I am therefore starting to examine all my pleadings closely and I encourage each of you to do the same. Ultimately I would like to build a database of these signatures to compare, so for those of you out there that are spending time looking at court filings, please start examining the signatures and making a cut and past document similar to the one I attach below.
My first example of gross irregularities in the signature of an attorney who makes filings in a court case comes from Ohio. The document was prepared by a reader of this blog and it comes from an Ohio foreclosure mill attorney. Please look at the sheet. There really is no commentary necessary regarding whether these were signed by the same person….
Given what we know about the foreclosure mills and their operations (particularly the offshore components of their practice) I cannot imagine that they are following this rule. (I mean the violate every other rule)
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A requirement of every lawsuit filed in Florida courts is that they must be signed and affirmed by a licensed member of the Florida Bar. I’ve long had a real problem with the sloppy, arrogant messes of signatures that appear on pleadings filed in these foreclosure actions and now I’ve got real suspicions that some of these signatures may not be of attorneys at all.
Take a close look at the attorney signatures that appear on the complaints that are filed and on the lis pendens and motions. Next, look that attorney’s signature up on mortgages for their homes that are recorded in the counties where these attorneys work. The mortgage signatures are presumably their real signatures, but look at the “signatures” that are on the pleadings. If the signatures that are on those pleadings are not of the attorney as they are required to be according to the Florida Rules of Civil Procedure, this would be a Bombshell at least as big as the Stephan announcement.
Up next, more GMAC affidavits that are withdrawn
By the way, these notices cannot just go out in contested cases, they must be withdrawn in every single case in which they were filed, contested or not. Are our courts equipped to match those withdraws up to the cases they are filed in? How many taxpayer dollars will be spent processing these withdraws? Worse yet, how many foreclosure rocket docket judgments will be granted since this withdraw issue came out? How many of our Senior Judges who are presiding over these foreclosure gas chambers are even aware of these issues? (I know the ones that I have made aware of this were totally aware of anything…they are even unaware of the AG investigations….)
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EDITOR’S NOTE: Here is a very good example of assuming nothing and challenging everything. The pretender lenders are depending upon you and the judge to rely upon initial impressions. These documents look fine from 6 feet away or if you just skim them. But when you start looking at everything you begin to see things in the same way that you solve a puzzle. When you first look at a puzzle you might not know where to begin. But as you examine it clues are revealed.
You can easily see from Laura’s comments below how these documents fall apart upon close scrutinization. For example, six different signatures from the same alleged VP on 20 different documents. Our recent comments directed toward the question of whether these people actually exist becomes increasingly important as we examine these documents. Make sure you look and make sure your Atty. looks closely for these kinds of discrepancies. I would venture to say that in virtually all cases you’ll find the discrepancies.
You must remember that this is not just a matter of finding the discrepancies but demonstrating them to a judge along with an argument based in law that the discrepancies are important enough to stop the pretender lender from going forward with any foreclosure.
FROM LAURA
Just a quick follow-up…
- Went to Clerk and Recorder’s office, and reviewed every assignment ever filed by Creative Mortgage Funding (initial lender). The signature of the then-vice president of Creative Mortgage Funding is DIFFERENT on most of these – in fact, I see a total of six distinctly different signatures on the 20 assignments that just went to Ohio Savings Bank/Amtrust. Some of them are assigned to MERS, and I suspect the signature of the VP on these is one of the robot-signers out there. The former VP now works as a VP of Sales for a different mortgage company.
- There are only two notaries on all of these assignments. One of whom I know worked for Creative Mortgage Funding (how could she not see that it wasn’t her boss’s signature on some of these assignments?) and is still a registered notary in the State of Colorado (lives just a few blocks from me). The other notary was the owner of the company that prepared the loan documents (Loan Docs, Inc.) and is no longer a registered Notary in Colorado, appears that she now lives in Nebraska and may have a liquor license. Both companies show in the Secretary of State’s office as administratively disbanded in 2006 and 2007 for failure to file annual report and pay annual fees.
As advised by Abby and others, I will be filing a complaint with the Notary division of the Secretary of State’s office before the week is out on both notaries, although I suspect they will only act on the complaint regarding the notary who is still registered.
- Received notice in the mail today, August 2nd, only one day after they became supposed servicer of record, from the alleged new servicer, Residential Credit Solutions, notifying me that they are the new loan servicer. Sent QWR out today, too 
- Supposedly the NEW “owner” of my note is “Amtrust 2010 NP-SFR” – this is a LLC consisting of a “consortium” of Residential Credit Solutions (a debt collector in Fort Worth, Texas), CarVal of Minnetonka, Minn. (a private portfolio manager of undervalued and credit-intensive assets), and RBS Financial Products Inc. of Stamford, Ct, (a commercial real estate lender that purchases, sells and finances commercial and residential mortgage loans and other financial assets.) Oh, let’s not forget the FDIC, which has a 60% stake in this new LLC. Of course, none of this tells me who “owned” my loan prior to the failure of Amtrust Bank.
- Met with the Investigator on Duty of the Economic Crimes Division of our local District Attorney’s office today, and showed him all the notary fraud/misconduct I found, including 40 other (yes, 40!) assignments that were never signed and/or notarized or both from BAC Home Loan Servicing (Bank of America) – thought maybe if I showed him one of the “big guys” he’d be more interested, than in going after some “little guys” who aren’t even in business technically anymore. Well, he was very polite, spent about 40 minutes with me, asked some good pertinent questions (“but what is the harm TO YOU…”), but ultimately, told me they don’t have the resources to pursue such stuff as this… implied that there really isn’t any “true” harm since people are going to pay their mortgages to someone or are going to lose their houses regardless of who signed what… then actually told me I shouldn’t waste my time and energy worrying about “other people” and “chasing shadows”… in other words, go away little girl. Obviously, he doesn’t know me very well.
Ok, this wasn’t that “quick” of an update… but felt like sharing
FALSE DOCUMENTS, FALSE IDENTITIES
I have been receiving a great deal of confidential information from sources that appear to be reliable. These people wish to maintain their privacy and have offered their information on condition of anonymity. This is a report concerning some of that information.
We have received information from several homeowners that when they went to the recording office and obtained copies of the documents on their loan closing they discovered that the note and mortgage (deed of trust) were dated before the loan closing. In some cases people are alleging an actual forgery and assert that they have handwriting experts to back them up. This alone is interesting. They don’t dispute the loan closing and they don’t dispute that they signed a note and mortgage. What they dispute is that the documents recorded are not the documents they signed.
A little more disturbing is the fact that several homeowners with specific knowledge are reporting forged and fabricated documents wherein the signature is actually computer-generated. Unlike previous reports on this blog which relate to the signatures of the various people supposedly representing the pretender lenders, these reports relate to the signatures of the homeowner.
Apparently there is technology that produces a false “true and correct copy” of any signature. According to the reports I am receiving, this technology is currently in widespread use by pretender lenders. The reasons for the use of forged signatures through computers may relate back to the original studies from three years ago where it was found that at least 40% of the notes were destroyed or lost. Somehow that issue has diminished over the last three years, but that doesn’t mean that it isn’t still true. (Another reason to follow our rule here “assume nothing, question everything.”)
There is a growing body of evidence that the pretender lenders and their attorneys are involved in a common practice of creating documents and forging the signatures. The witnesses produced afterwards are carefully coached on what to say. One specific case was pointed out by a reader in which the “witness” testified that they “would sign” and not that they “did sign.”
Additionally, I have a report that alleges that virtually all the names on foreclosure documents are false identities. In fact, this source alleges that several names in the mortgage electronic registration system are people who do not exist. The source was referring to the top management. I would also wonder whether the people who signed on behalf of MERS were false identities––in other words people who did not exist.
I have often said on these pages that MERS does not touch any of the documents or the money. I would maintain that that continues to be true, but there is an allegation from someone who has access to detailed information regarding the technology platforms in use that the actual fabrication of documents is managed by a common entity and electronically created off of a common technology platform. This has minimized but not eliminated cases in which the same homeowner and the same property is subject to multiple foreclosures from multiple sources.
The forgery of signatures through electronic devices is only a temporary stopgap until ERDS comes into widespread use, at which time a “digital signature,” will be all that is required. The problem here is that lawmakers have no idea what is involved in digital signatures and the many opportunities for moral hazard. Or, the other possibility is that they don’t care.
In any event it is worth repeating that the MERS technology platform is only a technology platform and does not involve people interacting with people. It involves people all over the country logging on to the MERS system and interacting with a computer. This interaction consists of both (A.) changing data at will and (B.) producing self-serving documents which purport to give any person designated in the computer session the right to sign on behalf of MERS or even other entities.
It is undoubtedly difficult to believe that the major financial institutions of this country are involved in the continuing fraud to literally steal the homes and property of tens of millions of our citizens. Yet that is the substance of the continuing flow of reports which I am receiving. What is particularly disturbing is that in no case have I seen any information that would contradict these reports in or out of court. Instead, it seems to be the common pattern of defense to finesse the issues of actual proof which would ordinarily be required in any foreclosure, particularly in a foreclosure that is disputed.
Forget about the notary rules. Forget about the signatures-
The Electronic Recording and Delivery act (ERDS) has now allowed the MERS computer (That’s what it is) to “notarize” events- such as assignments- That never happened.
READ THE LAW- THEN LOOK UP YOUR COUNTY CODES.
The counties are passing laws that allow this to happen as long as the “Notary stamp” is on file.
It completely obliterates what we have came to believe the act of notarization means.
The notaries do not even know this, and it is being slowly fed into the systems, and you can find only a few completely in digital format, but they are doing it. No actual notary event is happening.
False witness–Did God know about this coming?
This does not mean you cannot declare a document forged as to the notary, if it was done “Old School”, (with a human) and lacks truth for whatever reason-you did not sign, papers switched etc.. ( my case)
FURTHER, all the “Robo-signatures”, as Neil likes to call them.
Forget all you ever knew about trying to authenticate the names….
MERS is a computer using software that employs highly advanced logarithmic calculations, to distort a false signature each time it is applied. (FONT) The names you see signed, –yes there might be a human behind the name sometimes, but the chances are it’s an “Identity” created to sign the documents.
Mr. Lin, in China who is the head linguistic software developer in the world, (Microsoft) pioneered this software that has allowed MERS to impersonate humans, I allege. (it was not his intent, he just works on the design)
The MERS computer applies a distortion that is unique and varied each time to the “Font” that has been established for each identity—so as to trick the human eye into thinking they are seeing a true human signature, that is varied and slightly different of course each time it is signed.
All the signatures DO NOT MEET ERDS code.
All this talk about the signatures is failing to realize what has finally happened. MERS can impersonate humans, and can foreclose on 10,000 homes a day without any human interaction. It does not need a human, unless it is challenged
and then her clarification and interesting history
As clarification, when I say notarize “events” that never happened, as in assignments… Neil has blazed that path already, in documenting that the “assignments” did not happen, or do not happen until the computer is challenged.( I am quoting Neil verbatim in my own pleadings, and owe him a debt for this work on here)What I am specifically saying, is the ERDS language is allowing counties such as Los Angeles, to pass county codes, which allow 100% digital notarizations. IF THE STAMP IS ON FILE WITH WHOEVER IS DOING IT–Think Title Company.So the actual event that I am talking about NOT happening is a face-2-face meeting of the notary, and the signer, and the computer is in fact acting as both in effect, as it generates the documents, with signatures of both the notary and the signer.I have found some 100% digital notaries’ in the recorder’s office that are pure text-no pretend wet ink signatures even.The system they have designed to rob us blind with is fully in place, and will be implemented slowly, so as not to cause uproar. I almost cannot believe this is happening, as its sounds too ala-Kaczynski, but the law has already been written that allows this. ERDS.
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First they started with servicers bringing foreclosures, and that didn’t work. Then they tried MERS to bring foreclosures, and that didn’t work. Then they tried backdated, fabricated and forged documents from non-existent originators with signatures from phantom people as “limited signing officer” or “assistant vice president” and that is going down the drain. Now they are bringing foreclosures in the name of “Trustees” and the cracks in that strategy are already appearing.
What they were doing was buying time. The ‘Trustee” in fact had virtually no powers on paper and certainly no power in practice. The “Trust” was an entity “to be formed by the Master Servicer” and never was. And now the reality is the investors have been written off, with the Master Servicer buying the pool, and engaged in repackaging loans that are already dead or dying, selling an entirely new securitization package to anew group of investors with a similar structure as the old one but with new investors, underwriting, etc.
The investment bank, through the Master Servicer declares that the value of the “pool” has gone down. They don’t actually know or care whether or how much the value of the pool has gone down or up, they just declare it because they can according to the securitization documents. That triggers the Master Servicer to put a value on the pool and buy it at that value or even lower if the pool is seen as a declining asset.
Keep in mind that the pool is a process rather than a single thing or event. Loans are being taken out and new ones are put in. Assignments during litigation are direct violations of the pooling and servicing agreements that prohibit acceptance of the assignment of a non-performing loan after the cutoff date which is usually years before the litigation. So in truth nobody really knows what really made it into the pool or if there really was a pool by any name, whether any particular loan is STILL in the pool.
So the Master Servicer buys the pool and the investors settle for pennies on the dollar. Then the write-down of the pool on the mere declaration of the investment bank or its agents or affiliates, triggers claims for losses backed up by insurance, credit enhancements, credit default swaps, guarantees etc. Since there are no investors left in the pool by virtue of the Master Servicer’s purchase, the proceeds of the third party payments go to the party that owns the policy or contract, to wit: the investment bank, Master Servicer or other affiliate, which in turn takes part of the money as profit and sends the rest to London or Luxembourg.
Under this scenario, the investors who were the lenders in the borrower’s loan are no longer in the picture and arguably have no right or claim to third party payments. Since they were the creditor, the allocation of third party payments to the obligation from the borrowers never occurs. Hence while the loan is paid off sometimes multiple times, neither the borrower nor the investor get to see a penny of it.
To make matters worse, the “Trustee” is now bringing foreclosure actions on behalf of dormant or dissolved pools that never existed as actual legal trusts, and which have been dissolved anyway. So they get the money from the yield spread premium where they took the investor money and only invested part of it in mortgages. They get the money from third party payments. And now they are going after the houses.
Somehow all this is being allowed because under some philosophical theory it is more equitable for these intermediaries who never invested a penny in any loan deal to make a profit than to let the borrower keep a house of dubious value. The borrower who was cheated by the false appraisals just like the like the investors were cheated by the false appraisals of the securities they bought, now is sitting with a defective loan, a devalued house, and a life in shambles. How is that a good thing?
While this call to action is from Attorney Weidner, I would suggest that in addition to sending questionable or bogus assignments to Weidner, you also email them to ngarfield@msn.com, or fax them to 772-594-6244. If you are concerned about anonymity, just create an email on one of the free services (gmail, hotmail etc.) and before scanning or faxing (1) use a black marker to redact any identifying information about yourself (2) make a copy of the redacted version to make sure the lettering underneath does not show through and then (3) fax or email it.
In Florida
CALL TO ACTION- GET ME BOGUS ASSIGNMENTS AND AFFIDAVITS
March 13th, 2010
For months now, one of the most sophisticated and aggressive group of Foreclosure Defense attorneys in the state have been collecting evidence of questionable assignments and affidavits of amounts due and owing and affidavits of attorney’s fees. Due to the sensitive nature of this, I’m not disclosing the names of the attorneys, but they are reading this post and if they want to identify themselves they can reply to this post.
Quite simply, as they’ve reviewed hundreds or thousands of affidavits and assignments, and compared the dates and signatures on the documents, they do not appear to be legitimate.
In some cases an affiant has allegedly signed dozens of documents in several states all on the same day. In other cases, the signers are allegedly signing documents on days when they have other evidence that the signers could not or should not have been signing on the days the documents are allegedly signed. In almost all the cases, when you compare the alleged signature of the signer with documents which bear the signer’s real signature (like on a mortgage for their own home), the signature on the affidavits and other documents are completely different.
This conduct seriously undermines the judicial system and is totally unacceptable when any party does it….but we have good reason to believe that attorneys affiliated in various ways with the foreclosure mills are actively participating in creating false affidavits and documents. In at least one case, the foreclosure mills “withdrew” affidavits signed by attorneys that were submitted to courts when they were challenged as being fraudulent. When they were sought for deposition, the court granted a protective order preventing the false attorney signers from being deposed….apparently when you commit a fraud on the court and you’re caught, you can withdraw the fraud and you get a free pass.
CALL TO ACTION- GET THE DOCUMENTS!
This cannot be allowed to continue. We all need to work together to collect affidavits and assignments, then post them in one centralized locations so that all who are involved in this fight can compare signatures and dates on these signatures. Depositions are scheduled for several of the false signers and the more examples of affidavits and assignments we have the better. Pro se folks, activists and attorneys, please take some time and email or fax all the affidavits and assignments you can to me. My email is weidnerlaw@yahoo.com, my fax is 727/213-6235. If affidavits are posted elsewhere, please send me links I will post the links.
We are particularly interested in affidavits of attorney time at this stage because depositions of attorneys who purportedly signed these affidavits are currently set. The foreclosure mills are fighting like hell to not have these depositions taken.
What are they afraid of? All the signer has to say is, “Yes, I signed that affidavit.” Problem is outside evidence suggests that the affidavit signer could not have actually signed the affidavit and in many cases, the signatures are wildly different. Nailing the mills on this will have major implications. I’m willing to bet that in many cases, the mills don’t bother to have affidavits of attorney’s time properly prepared, witnessed and notarized. I’m willing to bet they just gloss over these “minor” details and have created some perfunctory process where affidavits are just blown through and signed by any old person…and not the person’s name who is on the signature line….that’s fraud.
If we all do our job and work together here, we will have a database of publicly accessible affidavits that can be compared, used in depositions and shared with the courts…..please help, email or fax affidavits and assignments to 727/213-6235 weidnerlaw@yahoo.com
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