DEUTSCH BANK SHAM STARTS TO UNRAVEL

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In re: MARIA RENEE BALDERRAMA, Chapter 7, Debtor.
CARLA P. MUSSELMAN, as Chapter 7, Trustee, Plaintiff,
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS, in trust for Residential Accredit Loans, Inc. Mortgage Asset-Backed Pass-Through Certificates, Series 2007-QH5, Defendant.

Case No. 6:10-bk-07828-KSJ, Adv. Pro. No. 6:10-ap-00245-KSJ.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

May 4, 2011.

Seldon J. Childers, ChildersLaw LLC, Gainesville, FL, Plaintiff Attorney.

Carla P. Musselman, Maitland, FL, Plaintiff.

Daniel A. Miller, Broad and Cassel, West Palm Beach, FL, Defendant Attorney.

MEMORANDUM OPINION PARTIALLY GRANTING AND PARTIALLY DENYING TRUSTEE’S AMENDED AND RENEWED MOTION TO COMPEL PRODUCTION OF DEUTSCHE BANK

KAREN S. JENNEMANN, Bankruptcy Judge

In this adversary proceeding the Chapter 7 trustee, Carla Musselman, seeks to quiet title and to value at zero dollars defendant Deutsche Bank’s alleged secured interest in debtor Maria Balderrama’s non-homestead real property. As part of discovery, the trustee served interrogatories and document production requests seeking information about the bank’s purchase of the promissory note and mortgage on the disputed property.[1] Deutsche Bank resists producing any discovery related to the purchase history of the note and the chain of title of the mortgage arguing that, under Florida law, it has established its secured interest in the property merely by alleging it holds the original promissory note endorsed specially in its favor.[2] The trustee disputes Deutsche Bank’s characterization of Florida law and notes that neither the Court nor the trustee has seen the original endorsed note. She now requests the Court compel the bank to produce the requested information.[3]

[…]

Deutsche Bank, however, still has not proven to either the trustee or the Court that it holds a validly endorsed promissory note evidencing its purchase of the debt on the disputed property. Therefore, Deutsche Bank cannot rely on the General Rule to avoid responding to the trustee’s discovery requests pertaining to the authenticity of the note. The trustee has raised in her complaint doubts concerning the authenticity and effectiveness of the endorsements on the allonge to the note. The copies of the note and mortgage attached as an exhibit to its response therefore are insufficient to establish Deutsche Bank’s status as holder of the note.

21 Responses

  1. we basically have all been scr=wed and some people walk away, some people fight , some judges get and some leave the bench because the. other side pays more money and less work. did you read his “thank you” note to rick scot i want vomit. and these scum bags are falsifying docs and giving the servicers back homes they never even owned from origination? it also seems like every case played upon the court is different and there are no set laws how to do this. i resent the fact that the judges ask “did you default on your mortgage” i not sure if the world knows this but i wil let out a little secret on this blog. the banks told over 1/2 of us we could be helped with the obamas plan until we were eminent default. if this is a lie and this is not a true statement then the banks should be all sued for fraud in the inducment. they forced into this so they can collect the insurance money waiting for them. one problem we all figured this out by staying in our homes and educating ourselves. my favorite from wells fargo who already fowarded my case to foreclosure lawyer thye still call me wanting to apply for a modification even though we know they just want the 1k per application. they have already moved my file out out of review and lost inmportant docs sent by fed ex signed and i have the tracking number. we need defense here we can not let them win this ponzi and before i go please dont forget everyone please check your appraisals. they are all fraud. check comps against property tax records check when homes were bought and sold. thanks band together this is the only way we are going to win

  2. Jose,

    A BLANK ENDORSEMENT means YOUR DOCS WERE NEVER TRANSFERRED TO THE FRIGGIN TRUST! Thia means the deed of trust is fatally defective.

    The “so-called” BLANK ENDORSEMENT that rolled into court came from either the originating entity, or Master Servicer who NEVER transferred to plaintiff trust.

    If you investigate further, you will see DOCS never made the TRust Cut-date thus fatally defect. In other words your note, original, copy whatever DID NOT COME FROM Pretender, it came from the Originating party!

    This is where the Pretender Lawyers assert the UCC BS Blank Endorsement horse crap

  3. saveamericaone

    You know — just need to see — ISDA Agreement.

    The crux of the fraud.

  4. Dear carie, Nora and Mr. Soliman:

    Thank you for the Ahaaa moment.

    DB STRUCTURED PRODUCTS, INC
    NYS Business Entity Active – Jurisdiction Delaware

    Purchaser as a non-related third party. You need to find ‘which’ Executed Recognition Agreements apply.

    Deutsche Alt-A Securities Mortgage Loan Trust/Series 2006-AR4 • 8-K • For 10/13/06 • EX-99.8 as Purchaser
    Executed Recognition Agreement: the original Mortgage Note (including all riders thereto) bearing all intervening endorsements necessary to show a complete chain of endorsements from the original payee, endorsed in blank, via original signature, and, if previously endorsed, signed in the name of the last endorsee by a duly qualified officer of the last endorsee. If the Mortgage Loan was acquired by the last endorsee in a merger, the endorsement must be by “[name of last endorsee], successor by merger to [name of predecessor]”. If the Mortgage Loan was acquired or originated by the last endorsee while doing business under another name, the endorsement must be by “[name of last endorsee], formerly known as [previous name]”;

    Related to Proprietary Lease and Assignment of Proprietary Lease to Originator of ‘Cooperative Loans’ UCC Financing showing an unbroken chain of title from the originator to the Trust, each with evidence of recording thereof, evidencing the interest of the assignee under the Security Agreement and the Assignment of Proprietary Lease; 8. an executed assignment of the interest of the originator in the Security Agreement, the Assignment of Proprietary Lease and the Recognition Agreement, showing an unbroken chain of title from the originator to the Trust; and 9.

    “SECINFO.COM Deutsche Alt-A Securities Mortgage Loan Trust/Series 2006-AR4
    ‘8-K’ 1st Page of 3±
    Line 159: 99.7

    ISDA Master Agreement and Schedule to the Master Agreement and Swap Transaction Confirmation, both dated as of September 29, 2006 , between

    Deutsche Bank AG, New York Branch, as swap provider, and HSBC Bank USA, National Association, not in its individual or corporate capacity but solely as trustee for the supplemental interest trust.

    Trustee: HSBC Bank USA, NA

    99.8 ISDA Master Agreement and Schedule to the Master Agreement and Swap Transaction Confirmation, both dated as of September 29, 2006 , between

    BONY: The Bank of New York, as swap provider, and HSBC Bank USA, National Association, not in its individual or corporate capacity but solely as trustee for the supplemental interest trust. 99.9 …”

    Wells Fargo Bank NA
    Mortgage Banker Finance Group
    2500 Northwinds Parkway Suite 200
    Alpharetta GA 30009 Kelly Kucsma
    MERS Member 1006404 ‘Interim Funder’
    eRegistry & eDelivery ‘YES”

    Wells Fargo Foothill, LLC
    dba Lender Finance Div
    14241 Dalls Parkway Suite 1300
    Dallas TX 75254
    Deanie Renouf
    Member Org ID 1006610 ‘Interim Funder’
    eRegistry & eDelivery Participants: NO

    Deutsche Bank Trust Company Americas RSSD-ID 214807 related to: DB Global Processing Services, Inc RSSD ID 2509730 Jersey City, NJ along with

    DB Private Wealth Mortgage Ltd RSSD ID 3599970 New York

    Along with DB Like-Kind Exchange Services Corp RSSD ID 3813984 Wilmington DE

    Detusche Bank Trsut Co DE RSSD ID 304913 feeds all of above entities into Deutsche Bank Trust Corp Rssd ID 1032473

    And all of above feed to Domestic FInancial Holding Company – Taunus Corp RSSD ID 2816906 New York which feeds to
    Detusche Bank Ak Financial Holding Co. International

    MERS MEMBER Org ID: 1002829
    DB Structured Products, Inc.
    As Interim Funder’ & Purchaser and Credit SWAPS with BONY and HSBC and Wells Fargo – has got to do got to do with it!

    My own non-related intermediary funder ‘Deutsche Bank Securities’ has everything got to do got to do with the purchase of discounted loans and is a SPV of coconspirators.

    Deutsche Bank Trust Co of NY RSSD ID 2325882:
    Renamed from Bankers Trust Co of NY 4/15/2002 280 Park Ave, NY, formerly 31 West 52nd St, NY 1/24/1995 established as a Non-Deposit Trust Co NON-MEMBER. On 1/17/2006 DBT Co NY renamed to Deutsche Bank Trust, NA changed from Non-Deposit Trust to Non-Deposit Trust Co Member and 2/14/2011 moved to 345 Park Ave NY NY.

    1/17/2006 acquired institution sold its assets to acquiring institution above:
    Deutsche Bank Trust Co Connecticut LTD 2015035

    3/1/2008 Deutsche Bank Florida NA 380038 the acquired instituion sold its assets to acquiring institution above.

    No reports general for acquiring institution above 2325882 12/31/2006 a Non-Deposit Co. Member.
    Federal Reserve System:
    DB Structured Products, Inc. – RSSD ID 2367471 – Active on 5/16/2011 Dometic Entity Other.
    12/31/1993 Established as
    Securities Broker/Dealer
    1/1/1994 Renamed to ‘Deutsche Bank Sharps Pixley Inc. and
    6/1/1995 Changed from Securities Broker/Dealer to Domestic Entity Other and the big one …
    1/2/2002 Renamed from Deutsche Bank Sharps Pixley Inc. to DB STRUCTURED PRODUCTS, Inc.
    60 Wall Street, NY NY 10005
    Fax 212-797-5160

    Federal Reserve System:
    I validated how organization appeared as of 12/31/2006 in relation to Cashiers Check issued by Deutsche Bank Trust Americas, c/o account holder DBT Co LTD, of New Jersey, funding deposited c/o Wells Fargo Asset Securities Corp (formerly Norwest Asset Securities Corp)
    Parents: Deutsche Bank Aktiengesellschaft 1242423 Financial Holding Co -Foreign Germany & Taunus Corp – Financial Holding Co – Domestic
    Deutsche Bank Trust COrp RssdID 1032473 feeds to Tanus.

    Deutsche Alt-A Securities Inc. Wilmington DE RSSD ID 3229594 – Domestic Entity Other

    DB Home Lending Holdings LLC 3599925 NY and DB Home Lending LLC 3599943 Lake Forest CA

    https://www.mersonline.org/mers/mbrsearch/mbrsearch.htm

    Wells Fargo Funding, Inc.
    Correspondent eLending
    Sixth & Marquette
    Minneapolis MN 55479
    Robin Hannah
    Member Ord ID 1010064
    Lines of Business: ‘Investor’
    eRegistry & eDelivery Participant YES

    Wells Fargo as Trustee
    1015 SE 10th St, Minneapolis MN 55114 Member Org ID 1000105 ‘Investor’ ‘Trustee’ Gretel Meier

    Wells Fargo Home Mortgage
    2701 Wells Fargo Way, X9993-012
    Minneapolis MN 55467
    MERS – 651-605-3711 Fax 651-605-7831
    Masse Adjetey
    Member Org ID: 1005298
    ‘Servicer’ Subservicer, Investor, Document Custodian
    eRegistry and eDelivery Participant 1005298

    Wells Fargo Bank NA Doc Custody eLending
    MEMBER Org ID: 1010074 (created recently?)
    1015 10th Ave SE Minneapolis MN 55414
    Rita Juda
    Lines of Business ‘Originator, Servicer, Subservicer, Investor, Document Custodian, eRegistry & eDelivery YES

    Wells Fargo Home Mortgage a div of Wells Fargo Bank NA
    2701 Wells Fargo Way X9998-012
    Minneapolis MN 55467-8000
    Member Org ID 1000113
    Lines of Business: Originator, Third party Origiantors, Servicer, Subservicer, Interim Funder, Investor, Document Custodian, MERS 1-2-3
    eRegistry Participant YES
    eDelivery Participant NO

    Mortgage Bankers Financial Group, Inc
    10181 West Sample Rd
    Coral Springs FL 33065
    Vaughan Snyder
    Member Org ID 1003184
    Lines of Business: ‘Originator’ Servicer’ Subservicer’ Investor, Document Custodian
    eRegistry & eDelivery Participant NO

    Wells Fargo Mortgage Document Custody
    1015 SE 10th St
    Minneapolis MN 55114
    Todd K Johnston
    Member Ord ID 1000573
    Document Custodian
    eRegistry Participant YES
    eDelivery NO
    —————————————————-
    First Niagra Financial Group, Inc. RSSD-ID 2648693 changed to a Bank Holding Com in 2010 was a Thrift Holding Company and FSB and non-member commercial bank (Existed 12/31/2006)
    Parent: Berkshire Bancorp, inc. 9/1/2006 RSSD: 3447464-Bank Holding Co 9/23/2003 established 1101 Woodland Rd, Wyomissing PA Non-member bank. FDIC 57492
    RTN 031318761; Parents of Berkshire Bank RSSD ID 3115277-Non-Member Bank

    Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A.
    © 1999 – 2011 Wells Fargo Bank. All rights reserved. NMLSR ID 399801

    Bank of America Warehouse Lender, 201 North Tyron St, Charlotte NC 28255 MER 1004159 Lines of Business Interim Funder, Investor

  5. So Jose.

    It happened in your case? What did you do to counter the blank endorsement ?

  6. Now that is what they are doing, all those missing and lost notes aare now coming to light and a whole bunch of fake blank note assignments are being brought into court. Now how can a Securitization trustee have posetio of a blank endorsed note from a defunct pretender lender and is allowed to show no proof of its transfer, should not the homeowner attempt to bring the alleged Option one employee and interrogate this individual???

    That happened in my case the pretender lender has been bankrupt since 2007, they laid off everyone. Now the Bankruptcy Trustee for the banksters case is using the same fake blank endorsements on their “vistims” the borrowers even though they know the borrowers owe them nothing since the closing instructions direct the settlement agent to send the documents and all wires to Lehman Bros and that the servicing will be done by Aurora.

    Now, according to most PSA’s the notes cannot be blank endorsed, has this small detail gone unnoticed???/

    They do want your house, they want the property and the money, they need to continue to manipulate the property markets, the stock markets and funnel fake criminally earned profits to their share holders, they need to justify their ill gotten bonuses.

    These crooks are being allowed to massage the system and you will see them do that time and time again. At the beginning they would not show you the notes, not they apparently found them???

  7. A recent alarming appellate decision found on “Housing Wire.”

    Any thoughts from the cognoscenti ?

  8. Foreclosure note enough for trustee standing: Florida appellate courtby KERRI PANCHUK

    Third Alabama judge takes on foreclosure standing for securitized trustees
    California bankruptcy court rules against MERS
    Alabama judge denies securitization trustee standing to foreclose
    New York Supreme Court upholds MERS ability to foreclose
    Mass. Supreme Court rules against US Bancorp, Wells Fargo in foreclosure case
    Monday, April 11th, 2011, 2:48 pm
    A trustee that holds a homeowner’s original note and mortgage has enough evidence to establish standing to foreclose even if the homeowner believes the trustee failed to provide documents showing an official assignment of the mortgage note, a Florida appellate court ruled.

    That’s the decision the Fourth District Court of Appeal of the State of Florida wrote in the Isaac v. Deutsche Bank National Trust case.

    The homeowners, who filed the complaint, appealed a lower court’s grant of summary judgment for Deutsche Bank National Trust on the grounds that the lower court failed to consider their argument that Deutsche Bank lacked standing to foreclose.

    The plaintiffs argued on appeal that “Deutsche Bank failed to provide sufficient documentation reflecting how it obtained ownership of the mortgage and note from the original assignee, an entity called Option One.” On the other hand, court records say “Deutsche Bank argues that it established its standing to foreclose based upon its possession of the original note and mortgage, combined with the affidavit of a representative of Option One’s successor in interest affirming Deutsche Bank’s ownership.”

    The court agreed with Deutsche and held that the trustee has legal standing to foreclose.

    The trustee proved its case by providing the court with the original mortgage, the note and a piece of paper annexed to the promissory note from Option One Mortgage, the original assignee.

    Court records say the annexed paper, which was signed by the assistant secretary of Option One, “did not state a payee.” Because it did not include a payee, the note became payable to the bearer. The court added that in this situation, the instrument is negotiated by transfer of possession. “Deutsche Bank, by virtue of its possession of an instrument payable to bearer, is a valid holder of the note and, therefore, is entitled to enforce it,” the court held in a decision entered April 6.

    The case is similar to a series of cases that have surfaced in Alabama, where three courts have reached differing opinions on the issue of whether a trustee holding securitized notes has the standing to foreclose.

    Write to Kerri Panchuk.

    EMAIL PRINT

  9. edgetraderplus

    Look at Pino case in Florida, that could help???

  10. I read an interesting article this week and thought it may be worth a try, especially if they pretender lender attorneys or other authorized persons in a Court of LAW, and that would be an attorney? So the article suggested to file a letter of a non compliance, a document at the County Clerk Register of Deeds “effectually” putting a notice of a cloud on the title and let the banks come and fight for it with authentic Doc’s if they exist. Chances are they won’t produce the proof. I am not a lawyer and please seek council locally to protect your self.
    For anyone new or old to this uncertainty I have found a coarse online that teaches you/us on how to win in Court. I have been in this ordeal since October 2006 and this coarse is the best money/bang for your buck out there period. It cost 250.00 plus 6.99 S/H, even if you can’t afford the coarse there is enough information available online at the web site to help you learn what is going on in Court and what your attorney should be doing. Picking an attorney is difficult, I know, I read Neil’s article about that and I ended up with a shark looking for a pay check, not no more.
    [www.jurisdictionary.com?refercode=RP0004] If you decide to order please use the complete sentence and n o brackets. when you finish with it help some one else with the material. I live in Atlanta Georgia and have a great law firm, and they have encouraged me to do all the research and once we get it all together we will be ready to attack or wait for them to come after the Title. I want to form a home group for people in North Metro Atlanta like the Huffing ton Post does every other Thursday night to help people who may just be entering the FRAUDCLOSESURE GATE.
    CONTACT
    THETRUTHEXPOSED101@GMAIL.COM PLEASE LEAVE CONTACT INFORMATION AND i WILL BE WILLING TO HELP ALL I CAN. One more thing I highly recommend is to purchase the COMBO Title and Securitization report and analysis from
    Livinglies.wordpress.com-there is also a lot of other good material available there as well. God Bless

  11. I’m broke and I feel very stupid. Every day That I got myself embroiled in this scam and am now essentially ruined

  12. The “mortgage” (or whatever it was), is/was in the “trust”, and the trust is GONE…with the wind…

    “They” (banks/servicers, etc.), don’t want that known, and are scrambling to make up paperwork to get money from someone, anyone, somehow…

    They decided that the most vulnerable, most stupid, and least likely to afford an attorney—was a “layperson” like me.

    Well, I’m broke, but I’m not stupid…

  13. Thanks Carie

    Amazing that three years ago the same issues were being discussed. It appears nothing has changed Very discouraging

    And I’m certainly confused. Why would deutsche bank say that when thousands, if not millions of Foreclosures have been carried out in their name ?

  14. http://www.msnbc.msn.com/id/40769533/ns/business/t/deutsche-bank-owes-million-tax-fraud/

    http://www.nytimes.com/2011/03/12/business/12military.html?_r=1http://

    http://www.pitch.com/2008-08-21/news/as-kansas-city-s-largest-owner-of-foreclosed-properties-deutsche-bank-lets-the-city-rot/

    “Deutsche Bank (always) offers a simple de­fense: The company claims it doesn’t technically own the foreclosures.”

    Over and over this is what Deutsche Bank spokesman Mr. John Gallagher says regarding these properties—SO WHY THE HELL ARE THEY ALLOWED TO FORECLOSE?????

  15. A spokesman for Deutsche Bank, a Mr. John Gallagher, has stated publicly that they have no beneficiary interest in the underlying mortgages, notes, etc. He said this publicly, so why is this even happening? Can’t they just throw his own words back in his face????

  16. EDGE, you may want to consider “claims maturing after pleading” since the foreclosure was fraudulent in the first place. If they created fraudulent docs at the “mill”, introduce a claim for wire fraud. But let them withdraw the case. They will have to relitigate.

    Not an attorney, not to be construed as legal advice.

  17. Right on! When this first started happening, I cried a lot because I felt helpless, worried for my kids, and had no idea what to do—then I decided I had 2 choices…give up or fight—(I felt like a momma bear protecting her cubs!)—so I got angry and started reading—thank God for the internet and people who care enough about the truth—that is the Banksters undoing—their web is being unwound and their lies and deception are being exposed—KEEP FIGHTING!

  18. Saturday 14 May 2011

    After four plus years of fighting foreclosure on my
    house, the opposing attorneys have filed a motion
    to withdraw as counsel for “lack of comminucation
    with client.”

    Their “client” filed for BK over two years ago, and had
    already “sold” my loan prior to BK, yet the attorneys
    were still proceeding, even up to the point of sale,
    last year. Their “client” “bought” my property with a
    “credit bid.” Who authorzied it? I have not yet
    subpoenaed records.

    The BK law firm, from another state, who actually
    represents this “client” stated they were unaware of
    any FC proceedings against my property, and there
    was NO authorization to bid on the property by a
    BK firm, nor was their any authorization to “buy” back
    the property with a credit bid. Of course, at the time
    for confirmation of sale hearing, presenting my side
    on a motion to deny, the opposing “attorneys” withdrew
    their motion to confirm, needing “more time.” Say what?!!

    My question is, if anyone has an idea how to proceed
    against the local attorney FC mill for fraud? Object
    to withdrawal and fight them in the existing case, or
    let them withdraw and file a case for fraud, and I
    would opt to find some aggressive lawyer willing
    to go after another for their insurance for fraud.

    If anyone has something solid to recommend and
    does not want to express anything on this site, an
    e-mail can be sent to “mn” at sign “edgetraderplus”
    dot com.

    Keep up the fight, everyone. Diligence does pay off.

    Cheers!

  19. thank you!!! well said. we are all adults here and they are playing with us. see my thoughts are this stayed under wraps and we did what we were suppose to when we could not pay and walk away this would not be happening. foreclsoure would just happen but now we are fighting back and the fraud is being uncovered one case at a time.its time yess the jig is up the news is out, but they do continue yo con us into situations like trying to mod they move files lose paper work. just trying to make us give up well this b-tch is not giving up this is my fraking house

  20. they can’t give up what they don’t have .90% of all pretender lenders oen’t have the paper work it would take to wipe thier own butts.They are like poker players always raising the ante but truly bluffing about thier hands.Game over.

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