RISING TIDE OF JUDGES ORDER SANCTIONS AGAINST BOTH PRETENDER LENDERS AND THEIR LAWYERS

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I keep receiving reports that pretender lenders and their lawyers are getting hit with sanctions for, well, pretending they are lenders. I saw an order from Judge Holloway in August in Tucson Bankruptcy Court against Saxon Mortgage and Tiffany and Bosco and a few others, but I haven’t actually seen the final orders levying sanctions. Thank you readers for sending me the information. Could you please give me the copies of orders in which sanctions were imposed?

These orders are enormously important because of two things. First it shows that not only are Judges getting the point, they are getting angry. AND second for a Judge who still is resisting your defenses, showing them the wording of the orders from someone else on the bench might give that judge some pause to think. It is very persuasive, when a Judge, like the case in Tucson lays out the facts that Saxon pretended to be the owner and holder of the loan when they knew and their lawyers knew that it had been purportedly sold to a trust. The Judge is saying that the lawyers and the client lied directly to the court. Judges don’t like that.

By giving details, the Tucson Judge was giving a warning to other Judges that something is not right here and that the borrowers might be on to something much more important than either the technical requirements of mortgage transfers or even the validity of the encumbrance itself — this Judge was saying, much as others in Ohio, Massachusetts, California and other states have said, that the integrity of the court system is priceless, in Ohio Judge Boyco’s words, and that any effort to tamper with it is an attack on the court system itself.

9 Responses

  1. In general, there is all kinds of crazy stuff going on. False declarations, false signatures, false notary stamps, foreclosing when people are in the HAMP plan and being told the sale was on hold, HAMP trial plan SCAMS, bogus Assignments of Deed of Trust purporting to transfer the “notes therein” as well when the transferor clearly doesn’t have the note, filing motions to lift the automatic stay in bankruptcy with only a Deed of Trust as proof of standing and the right to do that, failure to respond to RESPA and TILA demands (yes, legal rights borrowers have), etc. etc. etc. And yet, the big banks will insist they are following the letter of the law (while also settling with State Attorney Generals for millions of dollars), etc. etc. etc., Can this be referred to anything other than FORECLOSUREGATE? Oh and by the way, guess who set this system up in the first place and sold negam and stated income loans, and interest only loans like hot-cakes? Was that the borrowers too.

    Steve Vondran, Esq.

  2. I am looking for a good attorney in Maryland for this is exactly what happened to me. PLEASE HELP.

  3. Like Dave.
    I’m in Las Vegas, and I’m also looking for an attorney that “gets it” and can get it done right.
    I haven’t found an attorney in Nevada yet, that “gets it”.
    Best I’ve found so far is one that says he can get my house back, at the current value (for a fee of about $25,000), but doesn’t see how I can get $$$ for damages (for the actions of those involved).

    If anybody knows of any attorneys that can help here in Vegas. PLEASE be kind enough to tell us how to contact them.

    Thank you.
    Kev in LV.
    KZYH@HOTMAIL.COM

  4. IN THE UNITED STATES BANKRUPTCY COURT
    FOR THE DISTRICT OF ARIZONA
    In re: ) Chapter 13
    ))
    Case No. 4:08-bk-15510-EWH
    )
    JULIA V. VASQUEZ
    debotor, )

    ORDER TO SHOW CAUSE AS TO
    WHY SANCTIONS SHOULD NOT BE
    IMPOSED FOR IMPROPER FILING
    OF PROOF OF CLAIM AND MOTION
    FOR RELIEF FROM STAY

    TO: Saxon Mortgage Services, Inc. (“Saxon”)
    Natalia Shasko, Corey M. Robertus, Tiffany & Bosco, Mark Bosco,
    Leonard J. McDonald, Jr.

    YOU ARE HEREBY ORDERED to appear before this court on Thursday,
    September 2, 2010 at 1:30 p.m., U.S. Bankruptcy Court, 38 South Scott Avenue,Courtroom 446, Tucson, AZ 85701 and show cause, if any, why sanctions should not be imposed on you pursuant to Fed. R. Bankr. P. 9011, 3001, Local Bankruptcy Rules 4001(e) and 9011-1 and 11 U.S.C. § 105 for the following conduct relating to a proof of claim (“POC”) filed on November 28, 2008, and a Motion for Relief from Stay (“MRS”) filed on January 6, 2009:allegations that Saxon held a secured claim against the Debtor based on
    exhibits attached to both the POC and MRS, consisting of a note dated September 8, 2005 (“Note”) and a deed of trust dated September 12, 2005 (“DOT”). In fact, as of the dates the POC and MRS were filed, Saxon held no interest in either the Note or the DOT. It sold all of its interest in the Note and DOT to Deutsche Bank National Trust Company, as Trustee for Saxon Asset Securities Trust 2005-3 (“Deutsche”), in late September 2005. Furthermore, on November 17, 2008, recorded an assignment of
    the DOT to Deutsche.

    If cause is found to impose sanctions, sanctions may include Debtor’s attorneys’ fees incurred in objecting to the POC, opposing the MRS, and expenses and attorneys’ fees (including discovery fees) incurred in adversary case no. 4-08-00794. Other sanctions may include, but may not be limited to, imposition of a fine payable to the Clerk of the Bankruptcy Court and/or a disciplinary referral to the State Bar of Arizona.

    Dated and signed above.

    Dated: August 06, 2010
    ________________________________________
    EILEEN W. HOLLOWELL
    U.S. Bankruptcy Judge

  5. Literally, the rule of law in the US is being violated. Fraud on the court with illegal, forged documents with forged signatures. The mega banks need to be charged with RICO violations. RICO says you have to have at least 2 acts of racketeering. Two acts? We are talking about hundreds of thousands of acts of fraud, misrepresentation, extortion, equity stripping, forgery, obstruction of justice, perjury, death and destruction of other human beings. Nationalize the mega banks–it is what they deserve. We will look like we have some spine left here in US. http://www.challengingforeclosure.com Sirak@challengingforeclosure.com

  6. LOOKING FOR A GOOD ATTORNEY IN LAS VEGAS NEVADA THAT CAN GET THE JOB DONE, BEEN FIGHTING FOR 2 YEARS NOW WITH STILL IN LIMBO.
    EMAIL ME AT djb4356@yahoo.com

  7. Great Strategy

    Everyone should look at this website; http://www.the-ami.org/

    The American Mortgage Investers. We need to write the and our servicers and the trustees-SAVE copies and cert mail. We need to tell them we as borrowers want to pay the investers.
    Stan
    Racine

  8. I liked Maxine Waters’ statement yesterday about the so-called deadbeats or irresponsible homeowners. She rejected that idea. To paraphrase, she said millions of Americans didn’t become irresponsible at once; something happened. So what was it?

    Maybe judges are beginning to think like that too.

  9. I’m asking for sanctions in my Bk case as part of my objection to Motion for Relief from Stay. A California lawyer told me you have to do it as a separate motion.

    Comments?

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