Editor’s Note: Matis Abravanel, practicing in South Florida has drafted and filed a motion that is a classic in its construction. The result was that BAC caved, which is good, but what really draws my attention to this work is its masterful presentation. Lawyers would do well to look carefully at this pleading. He carefully weaves the securitization facts into a language and context that any Judge can understand. And unlike the opposition he has the goods. So do you, if you know how to use them.

Matis H. Abravanel, Esq.


A Smith Hiatt and Diaz case in Broward County Florida…

Some short background information on this pleading, it’s an emergency
motion to cancel a final sale based upon Fraud on the Court. This
client came to us a month before his final sale date, and already had
a default and a final summary judgment entered against him. Besides
non-compliance with the pooling and servicing agreement, we uncovered
notary fraud (see paragraphs 1-4 and attached exhibits) and a
fraudulent assignment and endorsement of a note that was dated in
January of 2006, to U.S. Bank National Association, as successor
Trustee to Bank of America, National Association as successor by
merger to LaSalle Bank, N.A.. However its interesting to note that
Bank of America didn’t take over LaSalle Bank until October of 2007,
over 1 and 1/2 years later! (see paragraph 17 and attached exhibits).
Once the ‘pretender lender’ received our motion they immediately
called us and canceled the sale, and we haven’t heard back from them
since. We are waiting to have our evidentiary hearing for Fraud on
the Court.

Matis H. Abravanel, Esq.


27 Responses

  1. A little more on my situation bail. Out of jail and it was a cash bail I fell a little behind oweing only 2700 dollars my home that is paid off is now in forclosure.I thought theses people were my friends I guess not.I’ve already filed a case with the DA and they r moving forward but I need to stop this forclosure mind u there is no thumb print and signature in notary book that is the law how is forclosure company still moving forward.I don’t know wut else to do any one can help me

  2. Can somebody please help my house is in foreclosure to illegal document

  3. my house was tied up by CHase and Wells Fargo and Deutsche Bansk. Wells Fargo refused to say they owned the loan. Chase made an assignment after stating the laon was paid out by Bank ONe before they merged with Chase and a mortgage cancellation was done by Bank ONe. so CHase had no rights to assignment anything they had no interested in. The law firm that filed the foreclosure filed stating that Chase had hired them to file the foreclosure CHase filed an affivadit stating they did not hire the firm to file the foreclosure, the firm stated Wells fargo told them to use CHaase name\. How can we get justice in Louisiana we are suppose to report fraud to Attorney General office but the lawyer that is committing the fraud works for AG’s office.

  4. Thank you. Not sure I understand. How can I get info from Florida case, and how will it apply in California? I don’t understand the web addy. It is all caps? Is it SCC or SEC? I really need this info pronto. If I can prove it is owned by a trust, I have them dead to rights in a lie.

  5. you can find the trust pooling agreement at SCC instruction on wed site also u should check to see if trust was ever formed most were (suppository formed in New York) the laws of New York control the trust if the trust was never formed u must get certification from the Sec of State of New York

  6. Can anyone tell me how to find what trust/pool a loan is in? I need this information to fight a fraudulent foreclosure (Bank of America)and am having no luck finding it. Thanks.

  7. Good for the homeowner! Another case to use to prove fraud. Id like to see more plaintiffs as homeowners in court.

  8. The media isn’t being spoon fed by the banks-the banks own the mainstream media in this country.

    I haven’t made a mortgage payment on my house since August of 2006. Believe me, I’m not bragging about this-this goes to show how screwed up this system has become.

    Countrywide invited me to apply to it’s work out program when I called them with 2 payments in hand to bring my mortgage current. 5 months later and I hadn’t even spoken with anyone from the work out department.

    I filed for Chapter 7 BK and they filed for relief from stay and then walked away form the whole thing after the BK Judge ordered a hearing in response to my Reply.

    BAC motioned for relief from stay in July of 2009, one year after they bought CW, 25 months after my BK discharge and I’m still in MY house fighting at ever opportunity to stay here.

    I filed suit in State District Court and their attorneys had the case removed to the federal district court where I’m fighting a standard motion to dismiss by the defendants. However, based on everything that’s popping up on these illegal foreclosures and thanks to websites like this one, I’m going to be filing an action with the State Court to get the Judge to have a second look at the documents presented in the foreclosure proceedings. I live in a judicial foreclosure state, Colorado.

    I’ve already seen those docs and there isn’t one of them that will survive a second look. BAC is listed as the note holder, Countrywide is listed as the note holder, UBS Warburg is listed as the note holder and of course there’s MERS. Not to mention that the originator of the loan, Pacific Republic was split up and sold just one year after they wrote my loan.

    Let’s play pin the tail on the Note…What Note? Who really has the note and was the note legal in the first place.

    Best of luck to all of you and I could use a little myself. Been doing this pro se since day one and I’m running out of steam

  9. So we have been fighting Hsbc for 4 years and knowing there is fraud but having a hard time proving it and recently the Foreclosed, The Attorney that foreclosed is recently under investigation for not signing The Sub Deed of trust they are out of Maryland. How to I dispute this?

  10. I have a question.

    I live in Ca and WF was my originator and the loan was not sold until recently. In June WF recorded a NOD and I recieved notification from a law firm in TX that they were representing WF. The NOD was signed by John Kennerty.

    One month later an assignment of deed of trust was recorded transfering the deed from WF to B of A.

    This assignment was obstensibly signed by a VP of documentation for WF but I have found out this person is legal council for the firm WF hired to execute the foreclosure.

    Is this fraud?

  11. No bragging here, but since you brought it up……

    Notice of default: 1-15-07

    Foreclosure filed 2-9-09

    Summary judgment, ohhh, back in March.

    Last payment, July 4, 2008, $1776.

    March 2010-applied to get HAMPED.

    Wells claims I’m 33 payments behind.

    Balance: $230,000 ($32k in legal expenses to servicer) “How do you mitigate this loss, madam?”

    Real Estate: $130,000 value.

    Don’t get mad,. get EVEN!

  12. frankielee…I think I am 2nd.. (28 months) without a payment to Wamu/Chase. Have stopped forelcosure (4) times with Garfield trained attys. Ripped off by 3 of them. Finally have the 4th who is winning. Very exhausting though, and very costly! Without this website, my home would of been gone 2 yrs ago.

  13. Wow, the very same people mentioned on Mr.Matis Abravanel’s pleading, Marsha Morgan, Richard E. Price, Argent Mortgage LLc are the same people on my mortgage assignments, except for the fact that we closed on Oct ’06.

    Our allonge has Laura Bursey as notary in California and Patricia Olvera signed as VP of Argent and this is done in 2/18/09

    Allonge on the top says prepared by Maria Alverez,
    Ocwen Loan Serving,LLC
    West Palm, Florida

    Now, on the California All-Purpose Acknowledment
    Laura Bursey, Notary Public, personally appeared Patricia Olvera, who proved to me on the basis of satisffactory evidence ……..

    I looked up and it says Laura Bursey’s history:
    Warehouse/Collateral Manager at Ameriquest Mortgage (Feb 1997-present)
    as well as a Funding Supervisor for Ameriquest Mortgage Company from (Feb. 1997-2009)

    On the top left corner on the assignment it was prepare and recorded by the infamous DOCX, in Alpharetta, Georgia.

    Does anyone have any knowledge on these people? Any info would be welcomed and appreciated.

    2 weeks after the court mandated mediation, the judge is grating a summary Judgement. We are waiting for the final written Summary Judgement. It’s been over 2 months and we’re still waiting. How long does it normally take?

    Thank you,

  14. Hi Anonymous,

    Yeah, Florida sounds good.

    I live in NJ and so far NOTHING!!!!
    New Jersey is such a Duh!!!
    We’re always the last to get involved, it just goes to show how corrupt our politicians are here.

  15. KAC, I hate to brag, but I’ve got you beat. Believe it or not, I’ve been 30 months without making a payment. Now let’s talk shadow inventory and book cooking.

  16. It’s finally hitting the fan… BAC now halts forclosures in 23 states after Renee Hertzler is deposed. She admitted, just like the others, that she signed 8000 doucuments a month without reviewing them. She also acknowledge she signed for Bank of New York, Mellon, which she never worked for.

    She is the very same person that signed my MERS assignment as VP while VP of BAC. How many entities can she represent at the same time, on both sides of the transaction?

    We are waiting for final judement in order to file an appeal. This will hopefully make the whole process a lot easier. Thanks Neil for letting us all know about this travesty!

  17. Bank of America also stopped their illegal foreclosure process, they also acknowledged they have ROBOSIGNERS, according to and NPR newscast,

  18. I got a similar letter from Bank of America when I filed for a QWR–one thing in the letter insinuated I exaggerated my income on the application which was not true. I have since found my loan # listed in the documents for the trust and it is flagged that I did NOT have a state income loan, so their letter contradicts what they told the trust…they also provided me with a copy of the mortgage deed, which to this day, three and a half years from taking the loan from Countrywide, is still not recorded in my county registry–funny thing though, they changed the legal description on the copy they provided for me. The paperwork left with me at closing says see Schedule A for the legal description, but Schedule a is blank where the description should be. The mortgage deed they sent me as a copy has a copy of a description that is not on the same type of document as the rest of the closing docs, (all the rest have numbers, bar codes etc) with a description, of course, however they still messed it up. My property has 5 boundaries, they describe only 4, so even in their fraud, they still messed it up. The note has no initials on any pages and I remember putting initials on the extra pages when I signed them–when and if they get their act together, I will insist on having the “wet” copy dusted for my prints-I assure you they are not there! It’s been two full years since I have paid them a dime–I hear nothing but “if you don’t pay you’re gonna be in big trouble”

  19. Man this stuff is fast and furious these days:

    …….Ah, but herein lies the rub: with pretty much everyone now halting evictions, and foreclosure themselves, all those who are looking for foreclosure bargains will be very, very disappointed. Because while the actual market is digesting the implications of what the recently announced JPMorgan moratorium on foreclosures means (very bad things), Fitch has already fired the first shot and announced it would downgrade mortgage companies engaging in foreclosure fraud. Well, that means preeeetttty much all of them. And the most troubling implication: all those who bought foreclosed properties may soon be facing a transaction unwind, once it becomes clear that there isn’t a clear title owner.

    From the NYT:

    Fitch Ratings said that Wednesday it was asking mortgage companies about their internal processes for executing foreclosure affidavits. If it finds the processes lacking, Fitch will consider downgrading the company’s rating.

    The agency also said if the issue is widespread, the resulting delays and extra costs to foreclose could increase losses related to residential mortgage-backed securities.

  20. After 7 months of multiple QWR’s to B of A, I finally received a response from a law firm explaining that my QWR was too broad, and that the accounting issue I raised was lacking information, even though I spelled it out VERY LOUD & VERY CLEAR, just short of using braille and crayon illustrations.

    That got me to wondering….how about a national QWR day? Bog those bastards down face first into the muck! And so that they can’t complain about the QWR being too broad, we use the HUD template.

    The obvious issue to raise is with all of the news concerning fraud and underhanded business tactics, we need to know exactly who the proper owner of the note is, and, oh by the way, please prove it. If thousands or hundreds of thousands of people did this, at the very least it would catch the MSM’s attention. Best case it would show the widespread contempt for their “screw the peasantry” behaviour when they try to blow us all off.

    Attention Customer Service:

    Subject: [Your loan number]
    [Names on loan documents]
    [Property and/or mailing address]

    This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

    I am writing because:

    I am positive that your days of oligarchy are swiftly coming to a close, and I intend to plant my boot in your butt when you hit the ground.

    Attach copies of any related written materials such as falsified court pleadings and bogus notary info.

    Describe any conversations with customer service regarding the issue and to whom you spoke….just explain that you don’t speak Hindi, so it didn’t go well.

    Describe any previous steps you have taken or attempts to resolve the issue. Repeat to them how many thousands of times you’ve re-faxed the same docs.

    List a day time telephone number in case a customer service representative wishes to contact you.
    I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.


    Bogus assignee

  21. Now BofA has just halted foreclosures in 23 states. Will the good news never end – I hope not!

  22. and, ANONYMOUS, have you noticed that the Media is currently and almost uniformly describing “judicial” foreclosure states as those states where “judges must sign off on foreclosures.” Never mind that it is supposed to be a legal action taking place in a court of law, with rules of standing, evidence and procedure, etc., and with rules of conduct governing actions of attorneys and judges alike. AS IF it’s really supposed to be as simple as a “sign off,” which unfortunately is what it appears to be most of the time in most “judicial” states. It’s subtle, but use of language like this – which seems to still be spoon fed to the Media by the big banks – appears designed to tell borrowers that they really haven’t a chance, even in so-called “judicial” states.

  23. Hi Lucy

    Wish we were in Florida!!

    “Conveyance of Mortgage Loans” is one of the most important section of PSA/Prospectus. Good job for this attorney. Note must be in possession and properly conveyed to party who claims possession – or it is not negotiable. Then consider, also, all the misrepresentations and warranties. This is the way to go – and you need to find that flaw – that shows conveyance was impossible.

    Very disturbed media is presenting foreclosure halts as a problem that will “Stall the housing recovery.” Just the opposite – Media – you do not know what you are doing.

  24. sorry for the misinfo.
    Thank you Judge.

  25. we have been removed from a forecloser by the bank without our knowledge. we moved out of the house thats just sitting there. OMG what is up with that. how can they do that. was to go 9-17-2010. we were hoping to have this done. after fighting to work it out we gave up. Chase screwed us up. we don’t know what to do. sell it. rent it for dsell. we don’t even live in the state. we moved to where ther was jobs

  26. Promiscuous Beth Cottrell – Looks like She had Multiple Partners (Banks): 1 hour ago.

    Hey everyone, checkout this website
    It list all the “banks” she signed affidavits.

    The “BANKS” she signs for the list goes on and on and on….She’s been a very busy girls.

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