Cook County Judge vacates 1,700 actions after law firm admits affidavits were changed

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM

EDITORIAL COMMENT: Just how many times do judges need to point out that the foreclosures are fraudulent? How many times do we need to see that the fraud in foreclosures might just be reflection of the fact that loans, notes and mortgages were fraudulent as well.

The documents on each “securitized” mortgage were merely a cover-up that failed to describe or reveal the real terms of an extended transaction between the homeowner, unknown to investors, and the investor-lenders, unknown to the homeowners. The goal was steal the money and the house and that is what they are doing. At what point will we say “STOP” and then START the long process of unraveling the mess that Wall Street created.


Altered Documents Halt Some Cook County Foreclosures

Yesterday, March 27, 2011, 4:58:17 PM | auntdaffodilGo to full article
Altered documents halt some Cook County foreclosuresJudge suspends 1,700 actions after law firm admits affidavits were changed

March 25, 2011|By Mary Ellen Podmolik, Tribune reporter

A Cook County Circuit Court judge has taken the unusual step of temporarily halting at least 1,700 mortgage foreclosures after a law firm told the court that the cases contained altered documents, the Tribune has learned.

Fisher and Shapiro LLC, one of the top three law firms used by mortgage servicers to handle their local foreclosure actions, reported to the court that, in a breach of protocol, affidavits in the cases were changed. Among other things, fees were added after the documents were signed by servicers. [EDITOR’S NOTE:  BREACH OF PROTOCOL? Why is this not forgery and fabrication of documents? And what about the real documents and the real transaction that do not match up?]

As a result, Moshe Jacobius, presiding judge of the Circuit Court’s Chancery Division, has stayed the cases. The delay will not necessarily prevent delinquent borrowers in Cook County from losing their homes to foreclosure, but it likely will give some homeowners time to seek assistance or to make arrangements to live elsewhere.

Instances of sloppy paperwork and improper foreclosure procedures by mortgage servicers and their law firms have rocked the lending industry, which has been overwhelmed by the number of cases. There have been instances of lenders and lawyers signing foreclosure affidavits without reviewing the documents for accuracy, a legal violation that has come to be known as robo-signing.

Accusations of shoddy foreclosure procedures have sparked investigations by all 50 attorneys general and individual state agencies into mortgage servicers’ and attorneys’ back-office procedures.

The admission to the court by Fisher and Shapiro does not involve rubber-stamping of documents but rather removing the signature page, altering the affidavit’s content and reattaching the signature page, the court said.

The changed contents included the addition of attorneys’ fees, insurance costs, preservation costs, inspection costs and taxes on the property, costs that may have been incurred before or after the servicer signed the original affidavit, Jacobius said in his order dated March 2.

The firm’s admission signals a note of caution to purchasers of distressed homes, which represent about 50 percent of local home sales, because of potential lingering legal issues if the title transfer process was faulty.

It’s uncertain why the documents were altered or who ultimately bears responsibility.

It’s also unclear whether affected homeowners and servicers, as well as housing counselors, are aware of the court’s decision: As of Friday, some were not.

But what is certain is that the additional time needed to resolve the cases will further slow the foreclosure pipeline. Last year, 50,621 notices of initial mortgage default were filed in Cook County, and 70,550 cases remained active at year-end.

Fisher and Shapiro was ordered to vacate all judgments of foreclosures and any judicial sales that have occurred and refile those motions with the court.

Attempts to reach Bannockburn-based Fisher and Shapiro were referred to managing attorney Lee Perres, who did not return phone calls.

“It’s similar to robo-signing in that it’s a high-volume pattern and practice of cutting corners, expediting the process through making false representations,” said Daniel Lindsey, an attorney at the Legal Assistance Foundation of Metropolitan Chicago, which is not directly involved in the matter. “The fallout is this order and some delay, and maybe (it will) help some people figure out some alternatives.”

The court’s order specifies that Fisher and Shapiro notify parties affected by the stay. But some homeowners whose cases were affected and who remain in the properties say they have not received a notice.

Chicagoans Steve and Maria Schmidt, for example, knew nothing of the order, which lists the foreclosure case filed against their Lake Shore Drive condominium about a year ago on behalf of Wells Fargo Bank. But the delay doesn’t matter much to the couple, who last week closed on a short sale of their unit.

Most of the foreclosure cases identified by Fisher and Shapiro were filed within the past three years, but a few date to 2001, and some appear all but closed. Most, but not all of the cases, are of residential properties. Actions to vacate judgments and resolve the affected cases will not begin until April 4, the court said.

The Illinois attorney general’s office said it was aware of the order. So was the Illinois Department of Financial and Professional Regulation, which confirmed it is investigating the matter because of concerns that mortgage servicers may be signing legal documents before they are completed to speed the foreclosure process.

“Law firms are agents of the servicing companies,” said Brent Adams, secretary of the department. “The party to the lawsuit is the servicing company, the named plaintiff. The servicing company bears a certain amount of responsibility as to how litigation is handled. It’s not permissible to say it’s just the law firm’s fault.”

The Illinois Attorney Registration & Disciplinary Commission cannot confirm nor deny investigations into attorneys’ actions until a complaint is filed, a spokesman said Friday.

mepodmolik@tribune.com

http://articles.chicagotribune.com/2…osure-pipeline

17 Responses

  1. Reblogged this on Mario Kenny Miami Enas Mohmad Gaza.

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  3. Thanks for the Congrats everybody. Yes. The judge was definitely not going too far as opp. counsel was stepping in the s^&t. However, I do not think she really got it until a few more minutes had passed. Judge asked that fatal question: Did you file the FC action? That was done by a FC mill here in SC. Ummm, I think there may be some people shaking in their fraudulent boots. Burmese8@yahoo.com

  4. Fisher and Shapiro; full order on http://www.badforeclosures.blogspot.com. These people are not even being investigated by the Attorney Review and Disciplinary Commission until someone complains. Isn’t it the Judge’s job that found this out to complain?

  5. JUDGE RULES FOR CITI IN COLOR OF TITLE DECSION
    By MSoliman

    The judge did not lift stay but found Citi had color of title and ordered payment to be made.

    In property law, color denotes pending or unknown claims to title which appears valid, but may be legally defective. Title cannot transfer on a defect. Under the color theory there it stays, defect or at least resting disturbed – – until cured. Color of title proffered by the District court in a creditor hearing is misused. It should show the ignorance of a buyer who purchases the title to land and dwelling with a blemish, stained, colored etc. The court cannot grant the victim in a transfer a remedy from other than his own ignorance.

    Color of title is steeped in scholarly theory assumed to arise where evidence such as writing or other “clues” are suggesting valid legal title. True by a rationale of emergence and conditioned subsequent –to a claim. If a condition precedent exists that radiates color , then caveat emptor. Let the ignorant part the court as he entered – they say .

    Title must be cured of all defects or carry adequate endorsement’s under a policy issued to the transferee. That is fact before the purchaser at sale is delivered to title. That purchaser in these foreclosure instances and with claims to color are the US taxpayer.

    The courts have received my arguments through counsel in testimony from time to time. Deeds are based on color and its where I make the claim to believe the securitization process suffers color for which its fails with real property ini a securiy claim.

    Where securities derived from a disbursement of risk, tranches, reps and warranties based upon net worth , overcollateralization and arduous accounting rules, including phantom income, mitigating risk, excessive goodwill and hyper controlled post-delivery arrangements – Hey Where’s the Loan ?

    It’s for other reason that these toxic receivables secured by deeds are ruled in similar vein to mere color of title. Consider where the actual ownership of assets like the title to land is secured with an irrefutable instrument like a land patent, or likewise a UCC to a pooled asset and not the individual shares. So when that land is subsequently conveyed to another owner by a deed, the deed colors the title to show the new owner. This is what is happening with REOs sitting around. It’s the Lazarus syndrome of waiting for the dead to arise – REO back into a fully blossomed security.

    Thus, the chain of title from the land patent to the present may include many deeds, the actual title remains with the land patent and lawful deeds show the chain of title to the present landowner. Because the ownership in land is a very specific thing requiring precise and proper transfers of ownership, in times past, smart money always required a certified abstract be provided with a deed to insure the deed was not merely a color of title fiction.

    Title insurance’ is relied upon to secure such uncertainty. Still, only a proper and lawful title, like the land patent, provides actual title to land; and, only a proper and lawful chain of title (deeds, etc.) from such a patent to the present can secure land rights to the landowner.

    As for the land patent at – I don’t know what to say. As for the claims in foreclosure , do not forget the deed rests defect at time of sale – go back and check. Your title was transferred post trustee or Sheriffs sale.

    I am willing to bet you the recorded transferring instrument will have a disclaimer to valid transfer being titled.

    The color of title should not be allowed to prevail in order to defat a genuine wrongful foreclosure claim. It fails over and over again while only a fool would believe it was the mortgages that were being asked to perform.

    If the deed so defect the sale must fail – that’s all there is to say about the color of title.

    M.Soliman
    Expert.witness@live.com

  6. THANK YOU John Korman

    3-29-11 call your AG tell him the road map to the “The AMERICAN THEFT ” not financial crisis
    http mariokenny.wordpress.com/2011/03/26/john-korman/#respond
    John Korman
    934 SW 21st Way
    Boca Raton Florida 33486
    (561) 372-1741
    (561) 350-0828
    February 16th 2011
    This letter is addressed to the Attorney General in each great State of America.

  7. and what happened to “foreclosureblues blog”??
    terms of service??oh paaaaaleze

  8. at mario kennys blog
    mr john korman thank you
    3/29 call your AG and send him to read this

    John Korman
    934 SW 21st Way
    Boca Raton Florida 33486
    (561) 372-1741
    (561) 350-0828
    February 16th 2011
    This letter is addressed to the Attorney General in each great State of America.
    Alabama; Luther Strange
    Alaska; John J. Burns
    Arizona; Tom Home
    Arkansas; Dustin McDaniel
    California; Kamala D. Harris
    Colorado; John W. Suthers
    Connecticut; George C. Jepsen
    Delaware; Beau Biden III
    Florida; Pam Bondi Only
    Georgia; Sam Olens Hawaii; David M. Louie Idaho; Lawrence G. Wasden Illinois; Lisa Madigan Iowa; Tom Miller Kansas; Derek Schmidt Kentucky; Jack Conway Louisiana; James D. Caldwell Maine; William J. Schneider Maryland; Douglas F. Gansler’s Massachusetts; Martha Coakley Minnesota; Lori Swanson Mississippi; Jim Hood ; Missouri; Chris Koster Montana; Steve Bullock Nebraska; Jon Bruning Nevada; Catherine Cortez Masto New Hampshire; Michael A. Delaney New Jersey; Paula T. Dow New Mexico; Gary King
    smclure@ago.state.al.us attorney.general@alaska.gov consumerinfo@azag.gov consumer@arkansas.gov
    piu@doj.ca.gov attorney .general@state.co.us
    attorney.general@ct.gov Attorney.General@State.DE.US provides an electronic on-line Form agolens@law.ga.gov hawaiiag@hawaii.gov kriss.bivens.cloyd@ag.idaho.gov ag_consumer@atg.sta te.il. us webteam@ag.state.ia.us
    general@ksag.org
    attorney.general@ag.ky.gov
    Adminlnfo@ag.state.la.us
    attorney.general@maine.gov
    consumer@oag.state.md.us
    ago@state.ma. us. attorney .general@state.mn.us
    ccano@ago.state.ms.us consuhier.help@ago.mo.gov contactdoj@mt.gov nedoj@nebraska.gov
    aginfo@ag.nv.gov doj-cpb@doj.nh.gov citizen s.serv iees@lps.sta te. nj .us ewood@nmag.gov
    Iof9
    New York; Eric T. Schneiderman NYAG.Pressoffice@oag.state.ny.us
    North Carolina; Roy Cooper ncogo@ncdoj.gov
    North Dakota; Wayne Stenehjem ndag@nd.gov
    Ohio; Mike DeWine comsumerweb@ohioattorneygeneral.gov
    Oklahoma; E. Scott Pruitt diane.cl»y@oag.ok.gov
    Oregon; John Kroger consumer.hotline@doj.state.or.us
    Pennsylvania; William H. Ryan, jr info@attorneygeneral.gov
    Rhode Island; Peter Kilmartin contactus@riaj.ri.gov
    South Carolina; Alan Wilson info@scattorneygeneral.com
    South Dakota; Marty J. Jackley consumerhelp@state.sd.us
    Tennessee; Robert E. Cooper, jr tnattygen@ag.tn.gov
    Texas; Greg Abbott Greg.Abbott@oag.state.tx.us
    Utah; Mark Shurtleff uag@utah.gov
    Vermont; William H. Sorrell atginfo@atg.state.vt.us
    Virginia; Ken Cuccinelli, II mailoag@oag.state.va.us
    Washington State; Rob McKenna belcrc@atg.wa.gov
    West Virginia; Darrell V. McGraw, jr consumer@wvago.gov
    Wisconsin; J.B. Van Hollen 608 267-2779 faxed
    Wyoming; Bruce A. Salzburg djourg@state.wy.us
    My name is John Korman. I, as a paralegal who lives in Florida investigated Mortgage Loans for an Attorney who defends clients against foreclosure. The job I did was research the Corporate / Trust Documents [law of the case] filed with the Securities and Exchange Commission, in reference to the target loan and create an Affidavit based on my finding. Almost every Mortgage loan investigated which was produced by a major Banking Institution between the years 2000 – 2008 was securitized. Securitization is the act of producing an investment vehicle of Mortgage-Backed Securities (“MBS”) using the Borrower’s Mortgage NOTE as the under-lying corpus, as collateral.
    In each and every securitized loan produced by these Banking Institutions, file with the Securities and Exchange Commission certain documents which are mandated, include but is not limited to the Pooling and Servicing Agreement, Prospectus, Indenture, 10-K [yearly report], 10-Q [quarterly report], 8-K [current report] Form 15-D and the Servicing Agreements] (herein after referred to as “Documents”), agreed to by the Party’s.
    Reading these Documents, in each investigation to date, the common mandated procedure is as follows; first we have the Lender. Shortly after the Mortgage
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    NOTE documents have been executed [or before the NOTE is executed] the Lender sells [or has already sold] its right, title and interest in this Mortgage NOTE to a third party, an arms length transaction [true sale] to a party known as the Seller. Within thirty [30] days or less the Seller will sell its right title and interest to this Mortgage NOTE to another party known as the Purchaser, also identified as the Depositor. The Depositor agrees to “trade” with a named Trust-Entity, it’s Mortgage NOTE for a predetermined amount of Mortgage-Backed Securities [less commission], these Certificates are then sold to investors.
    Now a really interesting thing happens once the Mortgage NOTE is acquired by this named Trust Entity, witnessed through the use of specialty licensed software which permits investors [or licensed users] access to any “named Trust-Entity”. I can see each Mortgage Loan held by this named Trust-Entity, and I can see its currant status. I can see if the named Trust-Entity is in possession of the Mortgage NOTE documents. I can see if a Mortgage NOTE is thirty (30) days late, sixty (60) days late, ninety (90) days late, or if it is in foreclosure. I can also see how many “tranches” have been created within this named Trust-Entity. The analogy to describe what a tranche is [in my minds eye] would be similar to, you giving me one apple, I return this one apple to you as apple juice [different form], and however I manage to create from this one apple, ten additional artificial apples out of thin air and transform them into apple juice. Now this named Trust-Entity has the authority and ability to sell [juice from ten artificial apples] Mortgage-Backed securities in multiples of the underlying collateral by creating multiple tranches within the said named Trust Entity. Within these multiple tranches I find the same Mortgage NOTE to exist, at full face value. The last investigation which I just completed within this past week the named Trust Entity held twenty one tranches and the target Mortgage NOTE appeared in each one of those tranches. This one Mortgage NOTE now has the potential of generating twenty one times its face value of this Mortgage NOTE, in Mortgage-Backed Securities sold to investors. Based on the foregoing if a Trust sells these Mortgage-Backed Securities to investors and receives only ten times the face value of the original under-lying Mortgage NOTE [Security] has the named Trust Entity been damaged by the Mortgagor not making the promised monthly payments under the Mortgage NOTE agreement? In other words, if Sam goes to the Bank and borrows a sum of money but Sally pays off the debt can the Bank still claim to be a damaged party because Sam did not make the payments as promised?
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    In the event whereby the Lender knows fore-hand this loan [Mortgage NOTE] will be sold out-right, securitized once executed, the Borrower is actually entering into an undisclosed investment contract, not a loan, per-say. In the not so distant past and throughout our history, prior to securitization, the Maker of the Mortgage NOTE Holds a possessory right to said Mortgage NOTE. Once the debt was discharged the Bank which held this Mortgage NOTE as a “Special Deposit” returned it to the Borrower. Today, with the advent of securitization these so-called loans [Special Deposits] are truly investment contracts [Mortgage NOTE sold out-right to generate profit] and the Borrower is an undisclosed investor with possessory rights to the profits generated from said Mortgage NOTE. Because this undisclosed investor [Borrower] is unaware of the moneys due it abandons the right to receive said funds when Borrower / Maker fail to make a claim to said funds within three years. To prove my point the Attorney General needs to request the Servicer, or the Trustee to produce a copy of the 1099-OID Form which was filed with the Internal Revenue Service, and the 1099-A including the 1099-B. These three Forms are filed with the Internal Revenue Service by either the Servicer or the Trustee and will prove the aforementioned allegation, that it is the Borrower that created, and is entitled to the “O”riginal “F’ssue “Discount, but the Borrower has abandoned these funds [1099-A] which is now claimed by the Servicer, or the Trustee [1099-B]. In other words, these aforementioned Forms will identify the Bank as the Debtor. The profit made from the invested Mortgage NOTE belongs to the Maker. We live in a wonderful place, if it wasn’t for the deceit.
    Many of today’s so-called Lenders only lent their name to the Mortgage loan transaction. In other words, the Lender did not lend you their money, an undisclosed third party provided the funds for the Borrower making it appear like the Lender / Bank / Broker provided the funds. A group of investors, or a single investor creates what is commonly known as a Special Purpose Vehicle (“SPY”) wired the money to the Lender just prior to Closing. The Lender / Bank now acting in the capacity of a Nominal Lender used this SPY money to transact the Closing. Once the Closing was completed the Nominal Lender was paid in full plus a commission, then the Nominal Lender put its name on the Mortgage NOTE. Within twenty-four (24) hours from Closing the Nominal Lender was required to physically conveyed the Mortgage NOTE to the true Lender / Investor. Thereafter this Nominal Lender takes on a new role as the Servicer of the debt, or it may employ a subServicer. The Borrower makes the monthly payments to the Servicer who s/he believes is the Lender, who forwards the payment [less its fee] to the true Lender / Investor[s]. The Homeowner was
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    tricked into thinking he was a Borrower of a Loan, when in fact was a Seller of a Mortgage NOTE into an Investment Trust [SPV]. This Investment Trust has no right to a Mortgage which is used to facilitate the purchase a NOTE, fraudulently procured under the guise of a “Loan”, when in fact it was not a Loan but rather the “Purchase / Sale of a Mortgage Note” facilitating the foundation of these Mortgage-Backed Securities; the true nature of this Transaction was not disclosed to the Borrower either before or at Closing; and this Nominal Lender was paid in full plus a commission for loan it did not fund. Question; can a Nominal Lender that did not fund the transaction [Loan], putting its name on a Mortgage NOTE pretending to be the True-Lender, tricking a Homeowner into signing over a Mortgage NOTE in order to secure an Investment Security, thereafter assign a Beneficial Right to a third party, a right which it never Held from the beginning?

    A reading of the Corporate / Trust Documents filed with the Securities and Exchange Commission two constants are apparent; the Original Lender after selling its right, title and interest to said Mortgage NOTE becomes the Servicer of this debt; and
    the “conveyance” of the Mortgage NOTE, Documents [law of the case] mandate the delivery of the Original Mortgage NOTE, endorsed in blank … without recourse … with ALL prior and intervening endorsements showing a complete chain of endorsement from the Originator [Lender] to the “person” so endorsing to the Trustee. In every investigation that I have personally conducted find there are four parties to the initial transaction, if we exclude the Borrower. The “Originator / Lender,” who sells its right, title and interest to said Mortgage NOTE to the “Seller,” the Seller sells its rights, title and interest to the “Purchaser / Depositor,” who sells to the “Trustee in trust for the benefit of the Certificate-Holder[s].” Although the named Trust Entity Documentation [law of this case] mandates this “chain of endorsements” I have yet to witness these endorsements on any Mortgage NOTE. Rather I witness an “Assignment” of the Mortgage that purports to convey the NOTE directly to the named Plaintiff. My understanding is a NOTE can not be assigned; it is endorsed from the present Holder / Owner of said NOTE and conveyed to the new Holder / Owner. Instead I am witnessing the Servicer [who was once the Lender] claiming to be the Plaintiff with all the rights title and interest as an Owner / Holder of a Mortgage NOTE, after selling its right title and interest to that same Mortgage NOTE to a third party, at an arms length transaction, viewed as a true sale. The Documents [law of this case] mandate it to be a true sale.
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    I witness assignments [and or endorsements] being filed with the Courts assigning [endorsing] the right title and interest of the Originator / Lender directly to the Plaintiff, passing-over the Seller, Purchaser and the Trustee, when the Plaintiff is a named Banking Institution. The named Banking Institution would need to acquire this said Mortgage NOTE from the Trustee in order to foreclose, [not from the Lender] thus the Trustee’s endorsement would be expected on the NOTE, from it to the named Plaintiff, in a proper chain of endorsement. Instead I witness over and over again where an assignment of the Mortgage will go directly from the source [Lender] to the Plaintiff, as there are no prior and intervening endorsements showing a complete chain of endorsement from the Originator [Lender] to the “person” so endorsing the NOTE to the Trustee.
    If the Trustee is the named Plaintiff acting for a named Trust-Entity would still require the endorsement from the Depositor / Purchaser to the named Trustee in trust for the Certificate-Holder. In my opinion, [non-attorney] this is why there was a rash of “Lost NOTE” claims in the past; the endorsements are missing, however re-establishing a NOTE cures that problem; however re-establishing a NOTE you never Owned, Held or possessed is a criminal act, in my opinion. Not only do I believe this act is a Fraud upon the Court but it is also using the legal system to facilitate a counterfeited financial instrument. The Homeowner who loses their home to foreclosure [95% are uncontested] with the use of a re-established NOTE faces the added threat that the true Owner / Holder may appear at some future date requiring the Homeowner to pay this same NOTE a second time, unless the Order from the Court provides the Defendant protection against such an occurrence. However when a Homeowner does not defend their case, lack of funds, or whatever, this protection [should the Real-Party-In-Interest appear at some future date and demand payment for the Original Mortgage NOTE] against paying twice, is often missing from the Final Order for Foreclosure, because the Homeowner lacked the legal capacity to request this protection be included in the Order from the Court, and the Plaintiff will not do the right thing, voluntarily, by including this protection, exparte.
    In the event the Plaintiff does possess and produces the Original NOTE bearing the once wet ink signatures of the Borrower[s], it [NOTE] must contain the endorsements of all the aforementioned parties, otherwise there is a clear break in the Chain of Title. The Chain of Title in every securitized document I have personally reviewed requires an endorsement from the Originator / Lender to the Seller, from Seller to Purchaser and from the Purchaser to the Trustee in trust for the benefit of the Certificate Holder [s], this is in accord with each one
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    of the documents I have reviewed, filed with the Securities and Exchange Commission.

    These investigations that I have personally conducted disclose that most Trustees over-see dormant, dissolved or unregistered named Trust-Entities. Every named Trust Entity that I personally have investigated filed a Form 15-D with the Securities and Exchange Commission, notifying all parties of its Termination of Registration and suspension of its Duty to File Reports under the Securities and Exchange Act of 1934 (15 U.S.C.A. §§ 77a et seq., 78a et seq.). The Trustee foreclosing on a Homeowner [after filing a Form 15-D] is doing so on behalf of a named Trust-Entity contrary to the INVESTMENT COMPANY ACT OF 1940, see Section 7, under TRANSACTIONS BY UNREGISTERED INVESTMENT COMPANIES.
    What is really transpiring with these Mortgage loans is [in my minds eye] the Lender is selling the Borrower an automobile that the Lender knows has faulty brakes, and then said Lender takes out an insurance policy on that automobile. Once the automobile is totaled in a crash, the Lender collects on the insurance and still holds the borrower liable to pay the out-standing balance due on the automobile. Look no further than the foreclosure rates here in Florida or your home State, and then look at the record profits being generated by the Banks. How do you think this feat is being accomplished? Are foreclosures a negative force on the economy, because it does not seem to be negatively impacting the major banking institutions.
    Brings me to my final observation, Mortgage Electronic Registration Systems (“MERS”), which acts as the purported Mortgagee of record [which we know is not true; as MERS did not loan any money and the Borrowers] do not owe any money to MERS]. MERS usually acts in the capacity as nominee for the Mortgage NOTE Owner / Holder; however, according to the procedural manual produced by MERS, it may only act in such a capacity [nominee] for and on behalf of another MERS’ Member. To the best of my knowledge none of these securitized named Trust Entities are MERS Members, thus bifurcating the Mortgage and NOTE, destroying the security and rendering the Mortgage a nullity.
    When you get right down to it I think we would all agree, the bottom line is, the Creditor is the party with the skin in the game, they are the Certificate Holder[s], they are true investors], Hard-Money-Lender[s]. All Certificate Holders are customers of Cede & Co., being the nominee of the Depository
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    Trust Company (“DTC”), a subsidiary of the Depository Trust and Clearing Corp. The Entities that purchase these Trust Certificates must purchase them from Cede & Co., or from one of its authorized agents. Seems to imitate the MERS model in so far as Cede & Co. appears to be the central recordation hub were investors trade positions by electronic registration. These named Trust Entity’s Certificates are almost always Held in the “street name” of Cede & Co.
    Within the past month I was engaged to conduct research / investigation into a Mortgage Note foreclosure, Plaintiff is JPMorgan Chase, the Original Lender was Washington Mutual Bank (“WaMu”). Within this Complaint JPMorgan Chase avers it is the Mortgage NOTE Owner and Holder by virtue of a Purchase and Assumption Agreement facilitated by the Federal Deposit Insurance Corporation (“FDIC”) after it seized WaMu. Within this Complaint filed by JPMorgan Chase is attached as prima fascia evidence this aforementioned Purchase and Assumption Agreement between JPMorgan Chase and the FDIC which read, [paraphrasing] JPMorgan Chase purchased all of the assets of WaMu, as such is the Owner / Holder of the Mortgage NOTE being foreclosed on [presumptively giving JPMorgan Chase Standing]. However, reading the Documents filed with the Securities and Exchange Commission WaMu sold this Mortgage NOTE out right to a third party [true sale] long before its seizure by the FDIC. The only nexus held by WaMu in reference to this Mortgage NOTE in question were its right to Service this debt. In the case styled UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, case number 09-CV-01656-RMC, Document 55, styled DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for the Trusts listed in Exhibits 1-A and 1-B, Plaintiff, vs. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Washington Mutual Bank; JPMORGAN CHASE BANK, National Association; and WASHINGTON MUTUAL MORTGAGE SECURITIES CORPORATION, Defendants; JPMorgan Chase herein pleads, on page 33. of 39;
    “Under the plain terms of that agreement, JPMC did not become WMB’s successor in interest. Since its closure, the FDIC as receiver has controlled WMB. While JPMC purchased all of the assets of WMB, it assumed only specified liabilities: those that had been reduced to a dollar amount on WMB’s ‘general ledger and subsidiary ledgers and supporting schedules which support the general ledger balances.'”
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    I only know of this one case in particular whereby JPMorgan Chase is foreclosing on a property in which it holds no right title nor interest aside from its Servicing right[s] acquired under a Purchase and Assumption Agreement, still to be executed between it and the FDIC. However JPMorgan Chase is telling a Judge in New Jersey it Owns and Holds this particular Mortgage Note by virtue of the aforementioned Purchase and Assumption Agreement acquired from the FDIC. Then in this case, [as sited above] in order to avoid / evade liability now pleads it”… did not become WMB.’s successor in interest.” You’ all know the difference between “avoid” and “evade,” [twenty years]!
    It is my sincere hope the Attorney General of Florida along with the Attorney General in the other forty-nine States investigate JPMorgan Chase’s claim as successor in interest to WaMu, wherein JPMorgan Chase claims to be a Plaintiff, as its foundation points to the Purchase and Assumption Agreement. Equity would call for an Estoppel of all foreclosure Actions in which JPMorgan Chase claims to be WaMu’s successor in interest.
    In closing, these named Trust Entities by-and-large are missing a mountain of Mortgage NOTEs. I have not had the time to do a mean average [as some named Trust Entities hold literally a thousand Mortgage Loans and the calculations must be done manually] however the field marked “Doc” [abbreviation for Documents] either reads “Unknown” or “Limited” in over 50% of these Mortgage Loans [by observation] conservatively. The named Trustee of the named Trust Entity clearly did not do even a reasonable job in receiving the Mortgage NOTEs as mandated under these named Trust Documents filed with the Securities and Exchange Commission.
    /s/ John Korman
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  9. Yes, why to go Louise. My postulates are with you.

    I will tell you, everything I have researched and experienced to date, from two years ago when I decided that is it, I am getting out of debt somehow by hook or crook, and per A-man Never Again, it is coming true. And yes I agreed, as yes I have found we have been set-up. And yes I agreed. But screw you Aholes , you set us up and that is not right either as you set us up no matter we agreed to sign the dotted line. Since your money is based on leverage and lies, who gives a flying hoot. You on the other side do not care as is self evident I have found.

    So, if one persists, one can win as this is what they were not counting on, hence the dumbing on education and data and knowledge.

    I wish to thank Neil for providing this forum.

  10. Louise, I’m very happy for you, even a little envious. But mostly, I congratulate you for the obvious perseverance that all of us here know it took to get the job done. To chart a course and stick to it against such mountainous odds is worthy of a very high five.

    Cheers!

  11. Congrats Louise, fabulous

  12. Congrats Louise!!!!

  13. Louise

    Whoopee — INDEED!!! Congrats!!!

    Had judge gone further ………maybe more divulged!!!!

  14. I just won a Motion to Dismiss on lack of standing in SC. I had other prongs to my document, but the Judge did not want to hear it. He asked counsel for AHMSI did they have a recorded assignment on file from ABC to AHMSI at the Reg. of Deeds Office, and counsel said, No. Whooppee!! Burmese8@yahoo.com

  15. Happening beyond Cook County.

    Only known investors in subprime (already default/non-compliant “mortgages”) were hedge funds/debt buyers who purchased the credit enhancement subordinate tranches. The banks themselves held the pass-through receivable senior tranches derived from the loans they purchased.

    So why the law firm false affidavits?? The real question is — who are they covering for??

  16. http://www.scribd.com/doc/51728402/OPPOSITION-TO-MERS-DEMURRER-TO-FOURTH-AMENDED-COMPLAINT-WITH-REQUESTS-FOR-JUDICIAL-NOTICEMers-Oppo-4th-Rjn-03-25-11

    HI ALL, HERE IS AN OPPOSITION IN CALIFORNIA TO A MERS DEMURRER TO MY 4TH AMENDED COMPLAINT FILED CONCURRENTLY WITH RJN ORDER BK COURT DENYING STANDING AND CREDIBILITY OF MERS PROFFERED DECLARATION, RJN MERS SUBPOENA RESULTS, RJN ORDER IND 088844.

    MY BK ADVERSARY TRIAL SET FOR SEPTEMBER.
    HEARING SET FOR MY MOTION FOR JUDGEMENT ON THE PLEADINGS TO BE HEARD MAY 5, 2011.

    B

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