Findsen Letter to Arizona AG Terry Goddard

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Findsen Letter to Arizona AG Terry Goddard

Today, October 12, 2010, 3 hours ago | findsenlawGo to full article

I encourage all Arizonans to contact Goddard with egregious examples of fraudulent documents, oh, I mean “paperwork errors” that happen to be substantively misleading.

Here’s my letter sent express mail with a binder of examples from my various filings.

October 12, 2010

Dear Mr. Goddard:

I applaud your recent efforts to investigate the bank servicers pursuing foreclosure in Arizona.

I am an attorney representing homeowners in foreclosure litigation.  I have been on the front lines and have seen some hair-raising violations of law by the banks, especially if one has any regard for due process, candor to the tribunal, and the eradication of fraud, as I know you do.

I have seen numerous fraudulent affidavits, signed by robo-signers, with varying signatures, and varying roles of which bank they claim to be signing for.  Some of them might be a “vice-president” of several different banks in the span of a few months.  The notary stamps are expired, and the notarization sometimes occurs at a date prior to the actual execution of the document.  Some are signed in one state and notarized in another.  Many substitutions of trustee are made by the trustee’s own office, substituting themselves.

More troubling, I have seen the fraud at the heart of this mess.  The robo-signers are but the minions.   Huge national servicer banks (recipients of massive TARP funds) are directing these foreclosure mills, claiming to be the “beneficiary” under the deed of trust by some claimed (but never evidenced) agency relationship with an unnamed principal.

Servicer banks withhold information regarding the chain of title of promissory notes and order trustees to sell properties based on doctored assignments of the deeds of trust, recorded with Maricopa County.  The deeds of trust cannot possibly be assigned to the parties they claim to be assigned to at the time they are alleged to have been assigned.

If a homeowner is lucky enough and financially able (rare) to have a sharp eyed attorney check into the recordings, the fraud is apparent.  However, if one brings it up to the servicer ‘s white shoe law firm or the court, the allegations are ignored, or dismissed with an arrogant “this is a non-judicial foreclosure state and we don’t have to tell you where the note is or who we are or how we came to be authorized as the claimed beneficiary under the deed of trust, or the agent of the unnamed principal, and why we assigned the deed of trust years after the note was transferred in two true sales and an assignment to the claimed securitized trust.  We don’t have to explain who we’ve been using your money to pay, whether we have forwarded payments, and whether the note has been extinguished by third party payments (who might have a subrogation claim) or sold to debt buyers.”

The saddest part of all is that Arizona federal judges (and some state) are dismissing these cases on the pleadings!  These cases undoubtedly state a claim.  There is some kind of political objective at play and it has nothing to do with due process, the rule of law, and what is fair for all Americans, not just the banks.  It is not hyperbole to say that houses are being stolen every day in Arizona.  We have stronger rules against car theft, or proof of car ownership.  It is ludicrous.

For additional details, please see the attached filings from a handful of my various cases.  The filings explain the specifics of the fraud presented to the court, and to the public records.

Should you need additional information, I can be reached at 480-584-6664.

Very truly yours,

Beth K. Findsen, Esq.

Arizona Bar No. 023205

Texas Bar No. 24002679

11 Responses

  1. Definitely believe that which you said. Your favorite justification appeared to be on the net the simplest thing to be aware of. I say to you, I certainly get irked while people think about worries that they plainly do not know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people can take a signal. Will likely be back to get more. Thanks

  2. I hope Terry Goddard listens to her… .for some reason he is not STOMPING on the FRAUD despite all the news media, phone calls and mailing by normal people. A letter from lawyer might help and BETH FINDSEN gets it. What is sick and what the AZ AG needs to realize is that most people cannot AFFORD an attorney…. the economy and the housing has decimated most peoples savings and while they might have a good case – they don;t have the funds. In a city our size (phoenix ) Beth is one of the handful of lawyers maybe 8 that seem to understand MORTGAGE and Foreclosure FRAUD.

    I hope AZ AG listens to her.

  3. NY Attorney General Cuomo increasing investigation against Wells Fargo, Bank of America, and GMAC.

    Other attorney generals for other states need to come up to Cuomo level. They have been sleeping.

    Arizona??? many checks cashed there – for loans in other states – but undisclosed as to who cashed checks.. Big problems in Arizona – for loans across the US. What the heck are they doing in Arizona???.

  4. So who do we use in FL to sue the bank and the trusts for all the appropriate claims?

  5. I called the Virginia, DC and MD LAWYERS with whom I have worked in this fight and we are planning to send a letter to tge states AG and send him copies of cases, judges decisions, proof and clear evidence of fraud, transcripts from court proceedings, answers to our letters and qwrs.

    we hope to prove to these politicians that we are not dead beats and that thanks to our struggle we have uncovered the biggest scam the world has seen.

    let us see how they react.

    these are elected positions so their posture will have more to do with whom they lay in bed with politically speaking

  6. What is happening in Arizona is happening in other nonjudicial foreclosure states. The more information that gets out there through the media, the better. I am still waiting for the “big story” about bank fraud. I hope there are AG’s out there who have the ….. to bring criminal charges. We are going to need some big revamping of bank regulations or this will happen again. In fact, I have seen indications that there are still loans being sold to homeowners and going into these shady securitized trusts. Maybe we can help homeowners out there, too.

  7. Another option would be to move back into your house like this family did in Simi Valley, California
    http://realestate.msn.com/blogs/listedblogpost.aspx?post=1815175&_blg=1,1815175

  8. Heck, it’s even harder to get a divorce than it is for an entity to steal one’s home—using the court as an accomplice!

  9. Here’s a novel idea…or How to Get the Judge’s Attention

    After the judge throws you out of court because the plaintiff’s lawyers prevail that they don’t have to show the note or tell you anything, bring a foreclosure action against the judge, with you as plaintiff.

    He’s already established the precedent: the plaintiff didn’t get paid, the judge owes the money, you don’t have to show him the note, etc., etc. (Never mind that you haven’t proven that you have standing to sue. Neither did the bank.)

    You might get a sanction, but what the heck. Now each homeowner that has this judge throw out their defense does the exact same thing: they sue him to foreclose upon his house. (Ya gotta do this pro se or pro per, for obvious reasons.)

    I guarantee you that eventually he will see the light.

  10. I am standing …appaulding Atty Beth Findsen !!!!!

  11. Maybe this letter will wake McCain and Brewer so they can focus on the real Arizona issues rather than the fence on the Mexico border.

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