Florida Defines Mortgage Fraud: Pretender Lenders Included

You will find similar provisions in virtually every state and without much variation. It is no exaggeration to say that the “enforcement” of invalid mortgages and notes are acts of fraud. By this time there is no possibility of claiming ignorance on the part of anyone who is not in a coma and who is involved in the representation of pretender lenders or is a pretender lender. Provisions purporting to protect Trustees from liability do NOT apply if they are acting on concert with parties whom it knows are not the proper parties. Same story with notaries, witnesses and signatories to documents which they know are fabricated, forged or altered with fraudulent intent.

817.545  Mortgage fraud.
(2)  A person commits the offense of mortgage fraud if, with the intent to defraud, the person knowingly:
(d)  Files or causes to be filed with the clerk of the circuit court for any county of this state a document involved in the mortgage lending process which contains a material misstatement, misrepresentation, or omission.

(4)  For the purpose of venue under this section, any violation of this section is considered to have been committed:

(a)  In the county in which the real property is located; or

(b)  In any county in which a material act was performed in furtherance of the violation.

(5)(a)  Any person who violates subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)  Any person who violates subsection (2), and the loan value stated on documents used in the mortgage lending process exceeds $100,000, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

and Florida Statues on FORGERY AND COUNTERFEITING


831.01  Forgery.–Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

831.02  Uttering forged instruments.–Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

831.06  Fictitious signature of officer of corporation.–If a fictitious or pretended signature, purporting to be the signature of an officer or agent of a corporation, is fraudulently affixed to any instrument or writing purporting to be a note, draft or evidence of debt issued by such corporation, with intent to pass the same as true, it shall be deemed a forgery, though no such person may ever have been an officer or agent of such corporation, or ever have existed.

18 Responses

  1. I have tried for 5 years to get out of my current contract…..without defaulting. I own my business….a very small service to seniors for dinner meals and have too much debt not enough income and the % rate is too high to pay down. I want to sue BOA from Florida based firm…..is there a class action suit I can contact please?

  2. Miamijc,

    Please post or send me the agreement I would love to see it and it could be very useful for others.
    thanks

  3. @ Miamijc.

    I am suspicious of the same form. Any updates. I have been holding off in signing ANYTHING because they have lied and given me so much grief.
    ——————————————————————–
    Miamijc:
    Current foreclosure suit against me regarding with securitized MERS loan (US Bank as Trustee). SunTrust (servicer) has offered modification (not really, just capitalizing late amounts, no change to terms) but are asking me to sign a loam modification agreemnt with SunTrust as Lender?, and a Correction Agreement basically saying I have to re-execute any document (including note) if they can’t find it. Want to stay in the house, but I KNOW I am giving up any chance of making them pay for a faulty and unenfoceable mortgage. Anyone heard about this “Correction Agreement”?

  4. Current foreclosure suit against me regarding with securitized MERS loan (US Bank as Trustee). SunTrust (servicer) has offered modification (not really, just capitalizing late amounts, no change to terms) but are asking me to sign a loam modification agreemnt with SunTrust as Lender?, and a Correction Agreement basically saying I have to re-execute any document (including note) if they can’t find it. Want to stay in the house, but I KNOW I am giving up any chance of making them pay for a faulty and unenfoceable mortgage. Anyone heard about this “Correction Agreement”?

  5. I bought into what I now know was a fraudulent mortgage in 2005. Assets and income were overstated and budget expenses were understated. Bank of NY filed Request for Summary Judgement to restore “Lost Promissory Note” in October 2008. They had no assignment of the mortgage at that time. Now, public records shows an assignment dated June 2009, almost a year later. My case has not yet made it to the docket.

    Because I have to defend myself, I’m looking for community workshops or support groups in the Miami FL area who may be able to help me prepare legal documents and possibly sue the loan originator. Does such a group exist in Miami?
    Dinah Wood

  6. California’s Version Exposed for Public Safety and Awareness

    A 60 month mortgage loan….
    that requires a $25,000 down payment, bearing Interest only payments with balloon (full sale price of home) due on maturity (5 years years later).

    Check this out and see for yourself.

    Direct link:
    http://wix.com/iPSSystem/1708_Holguin_St

  7. Kate,
    What state are you in?
    You should post your question in “Homeowners” section for a wider reach.

    marcus @ foreclosureProSe.com

  8. I am hoping that someone is out there that can give me some last minute help. Straight to my question. Affidavit of record of title signed by attorney, filing of original documents (signed by attorney) , affidavit attesting to all being true signed by custodian of records, sr. vp of plaintiff all NOT TRUE! When the suit was filed there was an assignment of mortgage to other funder…(when affidavits signed new AM was executed to plaintiff, but not yet recorded) what law can I use to support this in Motion to Vacate FJ or Set Aside Sale date…(I understand that they had no claim I wanted backup law for them intentionally trying to mislead the court )must file today….our county law libray is in the process of being moved to new location….anyone? Thank you so much. Kate…single Mom fighting back!

  9. I am going to file a judicial complaint against these judges as from our side they are blind. Please help me in filing the Judicial complaint against these judges. I did file the complaint of the lender’s attorneys to Virginia State Bar and they are also not listening against these attorneys who are acting a supersonic vehicle for these fraudulent lenders. I am fighting myself since 2008 and repelled these lenders and attorneys who attempted twice to foreclose on me.I did sent many emails to Neil also for advise on the next step but he never replied. My emails on the blog since 2008 are there.I am still fighting in Virginia.

  10. I think I can also thank wall street for being so foolish and greedy, and for having sold my note to so many people and did not record the sales or transfer of the note, and to Argent for destroying the paperwork before they closed shop.

    Without all these fools I would not have a home today,
    happy thanksgiving to all my friends and lovers here at livinglies.

    I am so glad they lied, stole and cheated.

    Special thanks to Neil for showing me the way to financial freedom in the house dept anyways, I hope you and your family have a very happy thanksgiving Neil and I hope you are doing just fine, Sir. I love you mucho.

    The people who lied, cheated and stole (wall street) from the deaf, dumb and blind (me) worked just fine for me, my family and my friends.

    In the end, very best regards to you all as well, I wished I had purchased many houses, but I really only needed one, the one I live in now is fine for me.

  11. Thank you Mr. Pres Obama for bailing out the sorry banksters, if you did not I would not be able to fight them forever till quiet title time. Just think if the government and the people owned the banks I would not be able to fight them at all.

    Let the sorry banksters live, but they need no more money at all, its time for us now, to fight them to the end.

    this statement is singed and approved by my wife

  12. If I were a prosecuter, I could have a field day here
    in my home county, since most of the cases I have re-searched are filled with this kind of fraud.
    MERS(officers?) routinely assign the mortgages for lenders who no longer exist and are no longer members of MERS. When you look at the so called officers doing the assigning, they may be in Colorado on the same day they are in Texas with a notary from Louisiana doing the notary work. It is a Joke! Many lawyers are blatant crooks and so are the Judges who rubber stamp this garbage. Where is the “white collar” division of the State Attorney’s Office.
    The real problem is that only lawyers can become
    Judges. This is like putting foxes in charge of the chicken coop! Would the Farmers of America run their
    business this way?We the people need to change the
    laws so that educated non lawyers can also be Judges, people who are honest with some common sense!

  13. right now i am in the middle of litigation ,[ i may be able to any way ] to file an action RIGHT NOW as a private attorney general – against the ca judiciary and or the U.S. judiciary bringing action on grounds of treason & fraud filed against the courts,judges,all others in the loop.
    This is the best chance [possibly the only chance] for the consumer[public interest] to hold the courts feet to the fire ..these judges&courts MUST BE HELD ACCOUNTABLE .
    krack pot ?! maybe.. but going quietly ,willing and without a fight to the end ..never!

  14. Great group of posts today, Neil! Hope you’re feeling better.

    Mississippi’s mortgage fraud statute says this:

    “(1) A person commits the offense of residential mortgage fraud when, with the intent to defraud such person, he:…

    (e) Files or causes to be filed with the chancery clerk of any county of this state any deed of trust such person knows to contain a deliberate misstatement, misrepresentation or omission.”

    Here’s my question–Florida says any fraudulent “document” that is recorded is a crime. Mississippi is more specific–it says any fraudulent “deed of trust” is a crime. I don’t know if I could argue mortgage fraud against my pretender lender and MERS, because there were fraudulent documents filed, but they were not the deed of trust itself. The fraudulent documents were the assignments from MERS to my pretender lender.

    However, I believe the very idea that MERS is a “beneficiary” or a “nominee”–as they are named in my deed of trust–constitutes fraud, as MERS is not, in any legal sense of the word, a “beneficiary” of ANYTHING.

    Yes? No? Too far out? By the way, I sent my Fannie Mae FOIA request. Don’t know how fruitful it will be, but I will share whatever I find out (if anything) with you guys.

  15. ny,
    I think you may be incorrect. Most to date are fighting their foreclosure and not directly addressing this issue. My plan is to go after them (the two attorneys who each generated an assignment) in a lawsuit. I plan to file criminal charges and civil charges. I consider the foreclosure secondary to these actions. Plus they will be liable if the house sells (and I plan to include vicarious liability to all related parties – see the State of CA vs Wells Fargo).

    The entire foreclosure is based on these two assignments.

    Mine should be easy to prove because the originator was in bankruptcy at the time the assignments were executed. It may (possibly) be more difficult to prove for others not in the same situation.

    I am not an attorney and this is not legal advice.

    Thanks,
    Dan Edstrom
    dmedstrom@hotmail.com

  16. THE ATTORNEYS CLAIMING TO BE A LAWYERS OF SECURED CREDITORS ARE ALL BUNCH OF DEBT COLLECTORS. THESE LAWYERS FORM A CORPORATION , LLP, LLC AND OWNED OR HAVE SHARED PART OF THE COMPANY AND IT CORRUPT THE MOTIVATION, THATS THE REASONS WHY THERE ARE A LOT OF FRAUDULENT FORECLOSURE IN THE COUNTRY BECAUSE OF THESE ATTORNEYS WHO HIDE AS A DEBT COLLECTORS BUT ASSUMED THE RULE OF THE ATTORNEYS OF A SECURED CREDITORS. THE BREEDING GROUND OF THIS SCAM IS THE COURT ITSELF BECAUSE THE COURT NEVER SCRUTINIZE DOCUMENTS THE LAWYERS SUBMITTED AS THEIR EVIDENCE, IF HOMEOWNERS WILL NOT CHALLENGE THE FORECLOSURE PROCESS THE COURT WILL JUST HANDED THE PROPERTIES TO THE ATTORNEYS. THE COURT SYSTEM IS A LAUGHING STOCK BY LAWYERS WHO KNOWS THE SYSTEM. SO WE FIGHT IN ORDER FOR THIS CROOK TO BE PUT OIN JAIL WHERE THEY BELONG..

  17. The problem is that all these judges are in bed with these people. I guaranteed you nobody will be facing these laws. It’s very sad that all these laws only apply to the people and not to the lawyers…

  18. OUCH!!!

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