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.

12 Responses

  1. THE FOLLOWING IS THE DECEIT OCWEN AND OTHER LENDERS HAS CONTRIVED TO DECEIVE THE COURT,THE BORROWERS ,THE JUDGES AND THE SEC.
    Ocwen has illegally foreclosed on behalf of the Trust that they are Stating that this trust owns your loan (IE THE ENTITY THAT CURRENTLY OWNS THE LOAN AND HOLDS THE NOTE IS LEHMAN XSTRUST SERIES 2006-GP4) BUT THE TRUSTEE HAS GIVEN UP THEIR OWNERSHIP BY CHOOSING TO BE set up as a special purpose vehicle (SPV)SO THAT THE BANKS DIDN’T GET TAXED ON THEM WHICH IS COVERED UNDER INTERNAL REVENUE CODE 860. THIS WAY ONLY THE SHAREHOLDERS ARE TAXED.

    UNDER THIS RULE THE TRUSTEE IS NOT THE REAL AND BENEFICIAL PARTY OF INTEREST LIKE OCWEN LOAN SERVICING IS
    REPORTING TO THE WORLD ,THE COURTS,THE BORROWERS
    THE JUDGES .THIS IS THE NATURE OF THE BIGGEST ORGANIZED RICO CRIME PERPETRATED AGAINST THE WORLD IN THE HISTORY OF MORTGAGE FRAUD.

    THE INDIVIDUAL SHAREHOLDERS THere COULD BE .THOUSANDS OF THEM THAT OWN 1 OR 2 PERCENT OF THOUSANDS OF LOANS THEY CANNOT FORECLOSE ON ANY LOAN. SINCE THE INDIVIDUAL SHAREHOLDERS CANNOT ENDORSE OR ASSIGN THEIR PORTION OF THE LOSS,THEY HAVE TO WRITE IT OFF AS A BAD DEBT.
    THE TRUSTEE OF THE REMIC CANNOT DO IT EITHER ,BECAUSE THE TRUSTEE IS NOT THE REAL AND BENEFICIAL HOLDER OF THE PROMISSORY NOTE. THE REMIC HAS GIVEN UP THAT RIGHT WHEN IT CHOSE TO BE A SPECIAL PURPOSE VEHICLE FOR THE PURPOSE OF A STRAIGHT TAX PASS THROUGH.
    THIS IS THE DECEPTION THAT OCWEN and other lenders are using TO FORECLOSE ON THOUSANDS OF LOANS and the lenders ARE AVOIDING PAYING TRILLIONS IN TAX DOLLARS and ARE still getting their cake and eating it too.
    What do you think would be a fair resolution to this issue?

    THE ONLY WAY A BANK CAN FORECLOSE IS BY BUYING THE PROMISSORY NOTE BACK FROM THE REMIC AS A WRITTEN OFF DEBT ,TAX CREDIT HAS BEEN GIVEN TO THE SHAREHOLDERS AND THE REMIC.
    the note is NO MORE. SO ESSENTIALLY THESE BANKS ARE PICKING UP THE PROMISSORY NOTE FOR PENNIES ON THE DOLLAR AND THROUGH DECEIT THEY TRY TO REATTACH THE CONVERTED NOTE TO THE DEAD MORTGAGE.
    THEY THEN TAKE THESE DOCUMENTS AND REPRESENT THEM TO THE WORLD AS IF THEY ARE THE REAL PARTIES IN INTEREST. THEY BRING THESE DOCUMENTS INTO COURT AND THEIR OWN COUNSEL(WHO FOR THE MOST PART are IGNORANT OF THIS SCHEME)
    Deception by Ocwen loan servicing WHO IS NOT the real party in interest with no authority to foreclose ON ANYONE is extortion and organized Rico crimes against hard THE working american FAMILY AND THE WORLD.
    the Bank has to prove that the loan was not written off by the REMIC.
    THE BANK HAS TO PROVE THAT THERE IS A PERFECTED CHAIN OF TITLE FROM ORIGINATION,TO THE REMIC,AND FROM THE REMIC BACK TO THE BANK.
    THE ORIGINAL DELIVERY OF THE TITLE OF THE PROMISSORY NOTE HAS TO BE PROPERLY DONE WITHIN 90 DAYS OF SALE INTO THE REMIC. IF THIS IS NOT DONE .THIS MEANS THE CHAIN OF TITLE WAS BROKEN.
    TO REVIEW
    REMEMBER ,THE REMIC HOLDS ALL THE LOANS TOGETHER IN A POOLING AND SERVICING AGREEMENT (PSA),HOWEVER BECAUSE THEY CHOSE TO AVOID THE IRS TAX RULES
    INTERNAL REVENUE CODE (I. R.C. 860 ) FOR DOUBLE TAXING ,THEY PASS ON THE REAL PARTY OF INTEREST/OWNERSHIP OF THE ASSET TO THE INDIVIDUAL SHAREHOLDERS SO NEITHER THE REMIC NOR THE TRUSTEE MAY FORECLOSE.
    THE SERVICER CAN ONLY COLLECT THE MONEY AND PASS IT TO THE REMIC,THAT IS THE
    EXTENT OF THEIR JOB
    SO WHO CAN FORECLOSE ? THE ANSWER IS NOBODY.
    IF THE BANK IS NOT THE REAL PARTY IN INTEREST,NOR THE HOLDER OF THE NOTE
    IN DUE COURSE ,WHAT BUSINESS DO THEY HAVE IN FORECLOSEING ON YOUR HOUSE.
    IN CONCLUSION ,THE ORIGINAL LENDER CANNOT FORECLOSE.
    UNDER FAS 140 (GOOGLE THIS) STATES THAT THE ORIGINAL LENDER PACKAGED THOUSANDS OF LOANS AND SOLD THEM TO THE REMIC AND FOREVER LOST THEIR RIGHTS TO ENFORCE THE NOTE. THEN THE LENDER ACTS AS A SERVICER .ONLY.

    HERE IS THE CAST AND CREW
    THE LENDER
    THE INVESTOR
    THE SHAREHOLDER
    THE REMIC
    THE TRUSTEE OF THE REMIC
    THE SERVICER
    WALA THE DECEIVERS THAT WILL DO AND SAY ANYTHING TO STEAL YOUR HOME.

  2. foreclosure fabricated by Richard Stern backdated with 2 conflicting assignments of Mortgage dated dec.2 and dec.3 of 2009 both backdated to dec.12, 2008 10 days before filing foreclosure on dec. 22,2008 signed by Notaries Cindy A Stewart commission expired oct 10,2013 and Trina Wiltbank Commission expired Sept 19,2013 who were robo signers employed with GMAC Mortgage LLC and signed by Jeffrey Stephan as vp of MERS with Albertelli Law who used one of the assignments in the case detail as a Random Assignment on dec.22.2008 to foreclose bringing fraud on the Court with the Notaries committing realestate fraud plus their notary commission did not exist for 9 to 10 months before the foreclosure took place on dec.22,2008 and their notary licenses were effective in 2009.
    Now Ocwen Loan Services is claiming they bought this loan from GMAC . i sent in a motion for fraud on the court on GMAC but Ocwen Loan Servicing is calling me and sending me statements to collect and i sent him verification of Debt through the Florida Consumer Complaint Bureau online and Ocwen has replied that they need time to answer my complaint .that is where i am so far battling GMAC that dont have any assignment to prove Standing or chain of title plus a fabrication by David Stern based on Fraud and Racketeering with Ocwen Loan servicing trying to collect money on a fraudulent Assignment.

  3. To Alison Hathaway :

    I have info on them. i’m working against them in many foreclosure defense cases. email me at attorneyzeolla@att.net

  4. I received a foreclosre notice fron these assholes for a property I do not own and a mortage company I never had. Called them and got the run around with their automated phone system. I believe this is a scam and I’m forwarding all their conrespondence to the attorney general’s office. I suggest anyone else do the same.

  5. Hunt Leibert is currently under investigation by the federal police and others for fraud on the court. Contact me by sending an email to llve4753@aol.com for forwarding to me. This is a very hot subject, and I loathe this outfit intensely.

  6. For Jan van Eck

    Do you have information to assist in prevailing against Hunt Leibert Jacobson in CT?

    We are a small group trying to defend our cases. We make some progress, but need to win!

    Thanks
    Alison Hatheway

  7. Consider the information at http://www.1215.org
    It will totally invert your perception of how the law works.

  8. to “Rj”:

    It depends, in part, on how you “lost your home.” Was it sold by the Sheriff (or his equivalent) by auction on the Court House Steps? Or did Wells Fargo take it over and then, after they had their hands on it, go and sell it [known as “selling REO’s” or “real estate owned”]?

    If Wells took over the property and sold it themselves later out of their portfolio as REO, then they cannot issue you a 1099. There has to be a sale of your interests, in order to generate a recognizable cash loss. If there was no loss, in cash, then they cannot issue a 1099 (not properly, anyway. Sure, they did it, but that does not mean that what they did was proper).

    What was the sequence in which you “lost your home”? that term is a bit too vague to make any determination of any tax (or other) liability.

  9. I have been the victim of so much fraud the end result the illegal forclosing of our home. $40,000 later and I believe we had a corrupt judge that did not use the interogattory’s, request for production of documents and depositions. We answered and produced everything and their answers were all that they have no knowledge of the truth so they will rely on us to prove which we did. We did not get our closing papers for 4 1/2 yrs and once we got them every act was violated and the bank would not allow us to make payments until the VP looked over all of our documents, accusations and proof of all of our accusations. Once they saw the closing papers and realized we had proof of forgery, perjury and rights of recission they did not comply and ignored our HUD counselors request for 5 months and would not allow us to make any payments therefore creating a fraudulent default. We had not lived in our home since 1/05/17 due to Toxic Mold and made every payment. The banks want people like us that have alot of equity. They never complied with chapter 244 section 14 we never were notified about the foreclosure and it was never advertised in the paper but they signed an affidavit under oath that they complied and we proved they didn’t and they could not produce evidence that they did. They also had not credited one cent to our principal with over 150,000 in payments and they sold the house(to themselves ) for $13,000 over the principal that was listed but it should of been less if they had applied our payments to principal. We paid extra almost every payment to also go to our principal and they never applied any of that money. How do I get my money back for the difference? I am pro se now but I need a reporter to get this story exposed. There is no work to be done I have the most complete papertrail u have ever seen and I kept all letters and a journal of all actions and phonecalls. Please help. Collene

  10. Jan Van Eck, lost my home in 2009 to Wells Fargo. January 2010, WF sent me 1099. Any suggestions on what to do? I would rather not have to pay taxes on the default amount that is considered income considering WF did not have the right to foreclose in the first place, unbelievable. Thanks.

  11. Note that the “DCA” in the caselaw cite indicates that it was in the Court of Appeals, presumably the cite translates to “2nd District Court of Appeals” , apparently Florida.

  12. This happens routinely.

    Anyone involved in controversies with Countrywide Home Loans (now bank of America), Deutsche Bank, and their various “servicers” and subsidiaries are warned to check every single notarization for exactly this type of fraud. Anyone in Connecticut contending with the foreclosure mill lawyers at Hunt, Leibert, Jacobson P.C. are especially warned about document fabrication and notary fraud. these guys think that is just good sport.

    Other notary frauds to watch for are where the notary does it in blank, and the document is shipped off to some other State to be filled in.

    You can also file an independent suit for document fraud against the Notary, the attorneys who proffered it to the Court over their signature, and the company itself. Infuriate the jury and ask for large damages.

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