AZ NOTARY GRUNTMEIR SUSPENDED IN TIFFANY AND BOSCO CASES

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SEE ARIZONA NOTARY GRUNTMEIER SUSPENDED IN TIFFANY AND BOSCO CASES

SEE www.notarycomplaint.com

PRO SE LITIGANT BECOMES EXPERT IN NOTARY ISSUES: JOHN STUART and a band of people he trained had a lot to do with this case reported below. John zoned in on notary issues as what he perceived to be the best place to hit the pretender lenders. The notaries are all licensed and bonded, they are liable for damages they create, and their employers probably are also liable. He may be right. It’s like mail fraud — like the line in the movie “The Firm” — it’s not sexy but it sure has teeth.

In a case with potentially far reaching implications the Secretary of State in Arizona investigated and suspended a Notary employed by the large foreclosure mill in Phoenix, Az. Tiffany and Bosco has been the subject of numerous investigations of forgery, fabrication of documents for litigation, robo-signing, and invalid (fraudulent) notarization.

But the Secretary was careful to point out that while there was a finding of improper conduct warranting a 90 day suspension, the determination as to the validity of any document notarized was for a judicial tribunal to determine. For those documents that require notarization to be valid, the document under Arizona law would be invalidated completely — but only after being properly alleged and brought to the attention of a court of competent jurisdiction.

For those documents requiring notary in order to be recorded, the document would be subject to being expunged from the title record, but the document itself could be found to be “valid” insofar as it is being used for purposes outside the recording statute.

At LIVINGLIES, we know that dozens of these investigations are currently pending all over the country. This decision is likely to bring hundreds if not thousands of similar complaints. The notary seal and signature in this case had been used on thousands of documents involving foreclosure and challenges to lenders claiming to be the creditor of the homeowner. The presence of an established invalid notary combined with a long-standing pattern of conduct brings to mind many causes of action to re-open or contest foreclosure cases and to contest competing claims from multiple entities on the same obligation.

Of particular note is that the signatures that were improperly and falsely notarized include the named partner of the firm, Michael Bosco, whose name appears on many thousands of documents purporting to substitute trustees, assign mortgages and ratify actions taken by pretender lenders.

The false notarization also give at least partial corroboration of many reports that Bosco himself had not actually signed the documents and that therefore the documents were probably void or voidable. Thus the decision regarding the notary also casts in doubt the signature that was being notarized.

If the signature was not properly affixed AND the signature was not properly notarized AND the signature was unauthorized, then it is difficult to imagine any scenario under which the document would be considered anything but void. A void substitution of trustee would mean that ALL actions taken subsequent to the invalid substitution were similarly void. That would include but not be limited to Notice of Default, Notice of Sale, Foreclosure Suit, Collection efforts, Motion to Lift Stay, foreclosure auction, sale or deed.

Because of the new laws allowing electronic signatures there is no reason for these improprieties unless the parties knew that the documents were false representations to the Court and to the general public via the title registry. Thus the argument that these were isolated instances caused by volume simply does not stand up under even the slightest scrutiny. Even reluctant people in law enforcement are likely to sit up and take notice of this. There seems to be no description of this behavior except criminal forgery.

The perpetrators are those law firms and document preparation services that engage in these activities and their clients who are in most cases large banks with more than adequate resources to know what was going on and more probably, ordered the work to be done with full knowledge of the illegal nature of this conduct.

48 Responses

  1. from a motion for relief from stay (to pursue foreclosure):

    “For an order permitting Movant, at its option to offer, provide and enter
    into a potential forebearance agreement, loan modification, refinance
    agreement or other loan workout/loss mitigation agreement as allowed by state law, said agreement would be
    NON-RECOURSE unless included in a
    REAFFIRMATION AGREEMENT…….”

  2. By the way, E.Tolle, I AM that “angry-as-hell-not-going-to-take-it-anymore housewife” that you spoke of…!!!

  3. From E.Tolle’s post:

    “…It’s something that each and every AG, county recorder’s office, and
    concerned citizen could promote with ease. The legislation could be a page or two at most, as it’s already based in sound established law. Any legislator or regulator from county level to fed crying foul would be waving their bankster flags high if they chose to fight this simple democratic plan. It goes like this:

    Pass legislation in each and every state mandating that ANYONE seeking to foreclose on ANY property MUST record an unbroken, complete and verifiable chain of title with each and every assignment included.
    Entities without the proper chain of title would not be able to foreclose. After a prescribed amount of time (say two years), the homeowner would be allowed to formally quiet title. The mortgage is gone, and equity returns in its entirety to the homeowner.
    AND EVERYONE WOULD BE OBLIGED TO ACCEPT THE RESULTS!
    The land records get shiny clean, either by the banks filing and recording the complete chain of title, or through quiet title by the homeowners.

    Local counties get back all the money they have been cheated out of by MERS and others that have not properly recorded note assignments. Can you spell F.U.N.D.R.A.I.S.E.R? Again, more money comes back to the localities where it rightfully belongs, coming from the banks that destroyed our land records in the first place.”

    OKAY—WHO IS GOING TO WRITE THE BILL? LET’S GO!!! LET’S GET DYLAN RATIGAN ON BOARD!! Hey, it could happen!!

  4. You have my vote on the “prove it or lose it” idea…that’s all we have wanted from the beginning…

  5. @ ANONYMOUS,

    Sorry, I still have a bad taste in my mouth from the last election. I bought that crap hook, line, and sinker.

    I have no desire to be king, but would gladly help a coalition along, if in fact there was a defined goal with objectives. I feel that the “prove it or lose it” scenario I mentioned has merit. Do you? Anyone? Are there any other valid paths? Ones that involve a concrete strategy that is doable?

    I also have no desire to simply row along against the current day after day. Life is way too short, and we’re wasting too much time that could be used in gaining momentum.

    The ring must be taken deep into Mordor, and cast back into the fiery chasm from whence it came. Oh sorry, wrong foe.

    Thoughts anyone?

  6. E. Tollie,

    You have been here at least as long as me. THE A MAN is gone. I formerly nominated THE A MAN to bring the people together. He did not think he was capable.

    ARE you?? Now nominate you.

    Our own election here.

  7. The only people named on my Loan Doc’s are American Brokers Conduit and Countrywide , then B of A got them , subpoena all three and if one of the them does’nt show what happens ?, not to mention we signed our loan doc’s 2-12-2006 and it went into MERS 2-16-2011 , sue the bastards , what are you scared ? They are so F’ed up they probably wont show up , they will lose the court date just like they lost everything else and consult w/ all the good real estate attorneys in your state , they cant represent them then , I already tainted the one the retained and released during my chapter 7 and my little sister w/ 3 kids has now established residence in my house so bring it boy-Malco

  8. Malco… how did you become part of the inquiry that Az. is doing? I filed a complaint with them but never have gotten any help… just ”it’s filed”.Bof A took my house July 11th…RCO in Phoenix is the evictor. I’ve never been able to afford a lawyer so I’ve managed to fight with BoA for about three years and lost the battle.Please contact me and give me some advice…I’m not giving up … katkellyh@aol.com
    Thank you so much, Kat Henry

  9. …the “festering sore” has become gangrene…

  10. ABSOLUTELY! If we get “the people” on “the same page”, then we have more “voices” than they have “money”…

  11. @ carie,

    As I’m sure you’re aware, a simple reading of the comments under ANY article in ANY publication these days, whether left or right leaning, will show the dissatisfaction of the commoner in the states to the plight with the banksters….it’s now a universal state of mind.

    I, for one, believe that a simple piece of legislation that could be passed around the internet, sent to legislators demanding their response with the blatant reference to the 2012 elections, and held up to Obama’s face and the banking cabal he’s surrounded by would go a long way towards pushing this issue front and center. It’s a festering sore that needs to be attended to. Salve and bandages only go so far. Besides, I’d love to see Obama face some angry-as-hell-not-going-to-take-it-anymore housewife on his bus tour without his teleprompters….can you say DISASTER?

    Only by putting it in their faces with nowhere for them to retreat to will we get satisfaction to our plight. What’s your take on this Senator? What do you think Ms. Congresscritter? We the people are watching! And we won’t back down and we won’t go away!

    I’m convinced we need a universal tool, a manifesto if you will, so that everyone can be on the same page. For I also believe that this is a fight to the finish, it’s them or us, and tnharry’s right when he says that they have all the money. But I don’t ever remember any great man or woman proclaiming that “the monies will set you free!” I believe the simple fact that we have all the truth on our side will be the determining factor here. And if not, our republic isn’t worth saving. It’s just that simple.

    If we postpone, we’re guaranteed to see legislation shoved through that will either allow all of the crimes to go unpunished such as in a universal bankster get out of fraud card, or they’ll have all the properties through default. Either way, we’ll then all be able to rent one of their green houses on Indiana or Ventnor Avenue, or maybe stay at one of their red hotels on one of the few times they let us travel away from our workzones, while they, the banking cartel, enjoy the good life at Park Place and Boardwalk. FULL TILT. GAME OVER.

  12. E.Tolle said:

    “Foreclosure is simply a form of state sanctioned debt collection….more specifically, it’s turning bad debt; fraudulently acquired or originated debt, DEBT UNRECOVERABLE BY ANY LEGAL MEANS, into folding green. Gobs-O-Graft. Come to think of it, it’s simple and easy money laundering on a scale never before witnessed, and our legislators are the GREAT ENABLERS to this clever device.”

    “The people will need to become the lobbyists.”

    “It’s only when the people demand change that change will occur.”

    TRUE—TRUE—AND TRUE….LETS DO IT.

    The biggest problem going forward is figuring out how to get “the people” to become the lobbyists…as far as I can tell, the average “citizen lobbyist” can’t even wrap their brain around the fraud…if we can simplify it enough to be easily explainable, and have PHYSICAL PROOF to show…well, then I think it can happen…but of course, you have the huge “powers that be” to contend with, who will squash the citizen lobbyists at every turn…so, as the saying goes—there is POWER in numbers…we just have to get the WHOLE TRUTH to the NUMBERS…how to do that is the question…

  13. @ tnharry,

    The people will need to become the lobbyists. That’s the only way we will ever see change. Our elected reps are all holding their collective breaths wishing against hope that this problem will go away. A problem, BTW, which they were instrumental in shaping. The banksters couldn’t have done it without them. Like skate and key.

    I know a lobbyist who could draft this thing in a heartbeat. It’s only when the people demand change that change will occur. Besides, we’ve been promised change before, to no avail.

    It’s that, or we can wait another four or five years in the hope that eventually some scraps will fall from the investors feasts. Highly unlikely, given the solid connections in D.C.

    We take a stand and fight, or get used to serfdom. It’s our choice.

  14. @e tolle – not a terrible idea at all. if you gave it an effective date 18-24 months into the future it would be pretty workable. but, until the livinglies lobbyists are as well funded as the banks, it’s unlikely

  15. 48 hours and no new posts. where’s Neil? is that AZ Supreme Court oral argument this week?

  16. Marie, in my opinion we’re ALL wasting valuable time with these incredibly arcane concepts involving esoteric trust law that even the investors aren’t able to get at and decipher, either through discovery or through well reasoned whining in law. Yeah, it’s just servicing rights….and yeah there are no valid trusts….and….yeah, it’s like trying to fight a stealth bomber with bottle rockets. Several years later and I see little if any concrete results. It would seem it’s time to erase the blackboard and get the chalk back out. What’s needed here is unarguable simplicity anchored in established law.

    Let’s re-view the problem. Foreclosure is simply a form of state sanctioned debt collection….more specifically, it’s turning bad debt; fraudulently acquired or originated debt, DEBT UNRECOVERABLE BY ANY LEGAL MEANS, into folding green. Gobs-O-Graft. Come to think of it, it’s simple and easy money laundering on a scale never before witnessed, and our legislators, ALL OF THEM, are the GREAT ENABLERS to this clever device. Shame on them all!

    Take it a step further, since the entire collective act is 100% government sanctioned through the “see no evil” comradeship with the banksters, it’s simply yet another slimy tentacle of the bailouts, just like the dismal QE programs that have caused your Grandmother to resort to adding Meow Mix and leftover potting soil to what used to her tuna salad.

    So what can be done about it? Write your AG and complain? Call John Walsh and try and reason with the man? Save your stamps and cell minutes. It ain’t happening. Your time would be better spent poking yourself in the eye with a fork.

    So what’s a person to do? Here’s the most logical plan I’ve read to date, left by an unnamed commenter on another legal blog. Its beauty is in its simplicity, its brilliance in the cut to the chase format.

    It’s something that each and every AG, county recorder’s office, and concerned citizen could promote with ease. The legislation could be a page or two at most, as it’s already based in sound established law. Any legislator or regulator from county level to fed crying foul would be waving their bankster flags high if they chose to fight this simple democratic plan. It goes like this:

    Pass legislation in each and every state mandating that ANYONE seeking to foreclose on ANY property MUST record an unbroken, complete and verifiable chain of title with each and every assignment included.

    Entities without the proper chain of title would not be able to foreclose. After a prescribed amount of time (say two years), the homeowner would be allowed to formally quiet title. The mortgage is gone, and equity returns in its entirety to the homeowner.

    AND EVERYONE WOULD BE OBLIGED TO ACCEPT THE RESULTS!

    The land records get shiny clean, either by the banks filing and recording the complete chain of title, or through quiet title by the homeowners.

    Local counties get back all the money they have been cheated out of by MERS and others that have not properly recorded note assignments. Can you spell F.U.N.D.R.A.I.S.E.R? Again, more money comes back to the localities where it rightfully belongs, coming from the banks that destroyed our land records in the first place.

    Rather than calling and writing various agencies with complaints, I’d suggest calling and writing your state legislators and DEMANDING an answer as to why the implementation of this incredibly simple K.I.S.S. plan shouldn’t move forward yesterday. Furthermore, even your uncle who’s convinced you’re a deadbeat because you didn’t pay your mortgage would be able to understand that there’s absolutely no moral hazard in going back to basics here….either prove it, or shut TF up and lose it.

    The only folks throwing a tantrum about this simple process would be those whose hands are stuck way inside the cookie jar, and who are refusing to play nice. Screw them. We, the seriously affected, could have this bill written up and ready for dissemination to all the states and their legislators through citizen action in a heartbeat. The will is there.

    Force the Vampire Squids into the light….let’s fight this fight.

  17. Carie and ETolle

    What good options are there? Four more years of Obama hope and change? Or the republicans who with the exception of ron paul, worship wall street?

    Seems to me there is no choice

  18. Economics professor James Galbraith writes in the Los Angeles Times:

    “In fact, stimulus alone was never going to bring recovery. This crisis was caused by financial collapse, rooted in massive banking fraud. The financial system is our economic motor and when it fails it cannot be revived simply by pouring money on it, any more than a wrecked reactor can be restarted just by adding fuel. Team Obama faced a situation not seen since the 1930s — a worldwide banking meltdown. The financial system needed to be rebuilt — and it still does. But Team Obama chose to overlook this.”

    http://www.latimes.com/news/opinion/commentary/la-oe-galbraith-economics-20110815,0,843976.story

  19. from Trubee on propublica.org

    “…this entire scam was put together to essentially print money that doesn’t exist, or in other terms, a scam to create and control “the float” and remove it from government hands.

    MERS was then designed to hide the same money that doesn’t exist and to rip-off local and state governments for recording fees that have to date cost and continue to cost local property taxpayers billions across this county.

    This grand scheme all happened while the 4th Estate was asleep at the switch. This didn’t happen overnight, it started way back in 1986 with Reagan-Rostenkowski Bill that allowed banks to do business across state lines, and went on from there, piece by piece, little by little, chip, chip, chipping away at our monetary system and our courts.

    Handled properly by the 4th Estate, this crisis, when uncovered will make Watergate look like a Kindergarten exercise.

    If nothing is done and the money interests are allowed to capture the 2012 election as they did in 2010, Third World status for the USA is within our clear and rapidly approaching view. The world as most citizens and residents of this country, is in the rearview mirror.”

  20. Martha

    Did judge state in detail why you were being sanctioned, eg, pattern of behavior. Sounds really hostile. Judge is bad news

  21. Nice work nice work! There are rays of hope. To wit, while we did not get Elizabeth Warren we did get some good people at CFPB:

    It is fascinating to see people I worked with and knew on a first name basis 20 years ago heading up the CFPB… Rich Cordray is a decent guy and so too is Kent Markus.

    http://christopher-king.blogspot.com/2011/08/kingcast-ohio-ag-pals-kent-markus-and.html

  22. Right on, Malco!

  23. i did filed motion for reconsideration in my federal case but was denied. i was not sanction for filing motion for reconsideration, instead i filed notice of appeal in 9th court of appeal here in SF.

    it is still pending and all the procedural aspect has been met. just waiting to have it calendar by clerk of court.

  24. Obama’s next thing is “renting” all the goverment owned homes. Is he not getting you need to give it BACK?????

  25. @Martha – also, there’s some deal pursuant to Rule 11 that says a litigant must be given a 21 day demand to withdraw the ‘offensive’ material /
    motion (in this case your recon motion), whatnot before sanctions may be entertained. You might ask an attorney about this, and this time as it applies specifically to your case, and if it applies, ask him if you can file something appropriately to reconsider the sanctions. He may tell you you had to assert that provision already as a defense to their mtn for sanctions. I don’t know.

  26. @Martha – keeping in mind I’m not an attorney, did you file for recon under rule 59 or 60? It’s my understanding a timely rule 59 motion “suspends operation of the judgment”, so I am not clear how anyone could get sanctioned for a recon motion when the judgment is suspended by operation of law. Doesn’t mean one couldn’t – I just think it’s worth looking at given the amt of your sanction. Or if you filed under 60, if your recon motion asserted any of the enumerated tenets of a rule 60 motion (see FRCP rule 60), I dont’ know how a recon mtn could be deemed frivolous. Be nice if an attorney would weigh in on this generically as I’ve said even if incognito.
    You might also look at rule 9024 for the future. Since you could pay the
    sanction amt, maybe you could find an attorney to just discuss some procedural issues with you, even if generically. Won’t be easy to find one, but you could try. If you’re not going to hire him to represent you, don’t let the conversation get steered to your case – just stick to generics of certain rules if possible. Please tell me you at least have a loislaw account so you are able to do some research on procedural issues. I’m not encouraging
    pro se litigation – but you appear to be ensconced in it already.

    A friend of mine is facing sanctions for filing a new adversary proceeding which makes new allegations not decided in his underlying bk case and also adds new parties. And he included 9024 in his ‘impacted’ rules in his AP. Be interesting to see how the judge comes down.

  27. People, in my opinion we’re ALL wasting valuable time with these incredibly arcane concepts involving esoteric trust law that even the investors aren’t able to get at and decipher, either through discovery or through well reasoned whining in law. Yeah, it’s just servicing rights….and yeah there are no valid trusts….and….it’s like trying to fight a stealth bomber with bottle rockets. Several years later and I see little if any concrete results. In my opinion, it’s time to erase the blackboard and get the chalk back out. What’s needed here is unarguable simplicity anchored in established law.

    Let’s re-view the problem. Foreclosure is simply a form of state sanctioned debt collection….more specifically, it’s turning bad debt; fraudulently acquired or originated debt, DEBT UNRECOVERABLE BY ANY LEGAL MEANS, into folding green. Gobs-O-Graft. Come to think of it, it’s simple and easy money laundering on a scale never before witnessed, and our legislators are the GREAT ENABLERS to this clever device. Shame on them all!

    To take it a step further, since the entire collective act is 100% government sanctioned through the “see no evil” comradeship with the banksters, it’s simply yet another slimy tentacle of the bailouts, just like the dismal QE programs that have caused your Grandmother to resort to adding Meow Mix and leftover potting soil to what used to be her tuna salad.

    So what are you going to do about it? Write your AG and complain? Call John Walsh and try and reason with the man? Save your stamps and cell minutes. It ain’t happening. Your time would be better spent poking yourself in the eye with a fork. So…what’s a person to do?

  28. People, in my opinion we’re ALL wasting valuable time with these incredibly arcane concepts involving esoteric trust law that even the investors aren’t able to get at and decipher, either through discovery or through well reasoned whining in law. Yeah, it’s just servicing rights….and yeah, there are no valid trusts….and….it’s like trying to fight a stealth bomber with bottle rockets. Several years later and I see little if any concrete results. In my opinion, it’s time to erase the blackboard and get the chalk back out. What’s needed here is unarguable simplicity anchored in established law.

    Let’s re-view the problem. Foreclosure is simply a form of state sanctioned debt collection….more specifically, it’s turning bad debt; fraudulently acquired or originated debt, DEBT UNRECOVERABLE BY ANY LEGAL MEANS, into folding green. Gobs-O-Graft. Come to think of it, it’s simple and easy money laundering on a scale never before witnessed, and our legislators are the GREAT ENABLERS to this clever device. Shame on them all!

    To take it a step further, since the entire collective act is 100% government sanctioned through the “see no evil” comradeship with the banksters, it’s simply yet another slimy tentacle of the bailouts, just like the dismal QE programs that have caused your Grandmother to resort to adding Meow Mix and leftover potting soil to what used to be her tuna salad.

    So what are you going to do about it? Write your AG and complain? Call John Walsh and try and reason with the man? Save your stamps and cell minutes. It ain’t happening. Your time would be better spent poking yourself in the eye with a fork.

    So what’s a person to do? Here’s the most logical plan I’ve read to date, left by an unnamed commenter on another legal blog. Its beauty is in its simplicity, its brilliance in the cut to the chase format. I wish I had thought of it. And it’s something that each and every AG and county recorder’s office could promote with ease without losing any face whatsoever. The legislation could be a page or two at most, as it’s already based in sound established law. Any legislator or regulator from county level to fed crying foul would be waving their bankster flags high if they chose to fight this simple democratic plan. It goes like this:

    Pass legislation in each and every state mandating that ANYONE seeking to foreclose on ANY property MUST record an unbroken, complete and verifiable chain of title with each and every assignment included.

    Entities without the proper chain of title would not be able to foreclose. After a prescribed amount of time (say two years), the homeowner would be allowed to formally quiet title. The mortgage is gone, and equity returns in its entirety to the homeowner.

    The land records get shiny clean, either by the banks filing and recording the complete chain of title, or through quiet title by the homeowners.

    Local counties get back all the money they have been cheated out of by MERS and others that have not properly recorded note assignments. Can you spell F.U.N.D.R.A.I.S.E.R? Again, more money comes back to the localities where it rightfully belongs, coming from the banks that destroyed our land records in the first place.

    Rather than calling and writing various agencies with complaints, I’d suggest calling and writing your state legislators and DEMANDING an answer as to why the implementation of this incredibly simple K.I.S.S. plan shouldn’t move forward yesterday. Furthermore, even your uncle who’s convinced you’re a deadbeat because you didn’t pay your mortgage would be able to understand that there’s absolutely no moral hazard in going back to basics here….either prove it or lose it, it’s that simple.

    The only folks throwing a tantrum about this simple process would be those whose hands are stuck way inside the cookie jar, and who are refusing to play by long established rules. Screw them. We, the seriously affected, could get this bill written up and ready for dissemination to all the states and their legislators overnight.

    Force the vampires into the light….let’s fight this fight.

  29. I was sanctioned as I filed a motion to request reconsideration, and they (the def’ts and JUDGE) DID NOT LIKE IT!
    the Judge said it was frivilous, even though I WITHDREW IT before the hearing- oh and they “served me” THE MOTION FOR SANCTIONS with PERSONAL SERVICE by “leaving papers on my doorstep” in 55 mile per hour winds, when they knew I was 350 miles away in Las Vegas for a week, and I brought to court my hotel receipts!
    Corruption? ya think!

    I was not ready to hit the appellate side of this. so I PAID IT!

  30. Do most states need to reciprocate notarization authority from out of state notaries ? Something in the lines that New York requires from out of state notaries to submit an authoritization form(?) in order for their notarized documents to be accepted in New York ?

  31. Martha

    Appeal the order for sanctions. Why were you sanctioned?

  32. Listen all , I went thru a living hell from being scared who was pulling up the driveway to severe depression and I even contemplated suicide , and I though ,what would my Father do a WWII vet , he would hold them against the wall and knock the living s&%t outta them , so instead of feeling sad and down I got F-ING PISSED ,And yeh John , I came up w/ that one by myself , don’t get me wrong I have enough shells for them all , but my Mother taught me to be frugal , STAND UP AND FIGHT BACK <WE WILL PRE-VAIL

  33. Think about the relationship between the person who is signing something – what is his relationship with the alleged beneficiary? Then consider who the notary works for. Then consider this : (take two)

    “For public policy reasons, having a financial or beneficial
    interest in a transaction disqualifies notaries from taking
    an acknowledgement. ”

    This is found in Texas law and probably in all states’ laws. IMO, this
    would disqualify many if not all these notaries.

  34. Martha Raysik
    Praying for you!
    Who’ll be 2nd chair?

  35. litton loans Atty informed me the notary was LPS employee.
    else where I have found that LPS would install these notaries @ the servicers location, but I have also come to the conclusion that NO INFO is reliable ,this was a BIG part of the overall scheme- chasing ghosts & false info.

  36. BOMBSHELL-The Banksters Strike Back- The Florida Foreclosure Fraud Foregiveness Act of 2012
    August 13th, 2011 | Author: Matthew D. Weidner, Esq.
    THEY’RE BAAACKKKKK—–WATCHOUT!

    The banksters are in trouble. Big trouble.

    They have made a crime scene of our nation’s formerly sacred public records.

    They have blatantly and without remorse ignored hundreds of years of real property law.

    They have blatantly and without remorse ignored and disregarded fundamental and Constitutional law that form the very foundation of our entire country.

    They have blatantly and without remorse disregarded rules and procedures that have governed and kept secure the court systems all across this entire country.

    And now they want a free pass. They want to just walk away from it all.

    They have introduced souped up version of the prior (and very ugly) non judicial foreclosure bill. Make no mistake this is one of the ugliest, most anti-consumer pieces of legislation ever introduced in this state.

    This is the Bad, Bad Bankster Fraud Forgiveness Act of 2012!

    Have a read at some of the lowlights!

    Once suit has been filed, the public interest is served by moving foreclosure cases to final resolution expeditiously in order to get real property back into the streamof commerce… (NO FOLKS, ONCE A SUIT HAS BEEN FILED OUR COURTS SHOULD BE FOCUSED ON UPHOLDING HUNDREDS OF YEARS OF LAW)
    Section 57.105, Florida Statutes, (Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee) is repealed. (THE FRAUDCLOSING PLAINTIFFS ARE PAYING ATTORNEYS FEES FOR IMPROPER CONDUCT, THIS WOULD PROTECT THEM FROM PAYING FOR THEIR IMPROPER CONDUCT.)
    Following dismissal of the foreclosure case, and upon request of the plaintiff, the clerk may return the original promissory note without need for further order of the court. (WHY, SO THE NOTE CAN BE SOLD TO A ZOMBIE DEBT COLLECTOR?)
    In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure or to establish or re-establish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure, the court shall treat such request solely as a claim for money damages and shall not grant relief which adversely affects the quality or character of the title to the property. (THIS IS A BIGGIE PEOPLE, THIS IS THE REAL BIG ONE HERE, THE GET OUT OF JAIL FREE CARD!)
    After foreclosure of a mortgage based upon the enforcement of a lost, destroyed or stolen note, a person, not party to the underlying foreclosure action, who claims to be the Actual holder of the promissory note secured by the foreclosed mortgage, shall have no claim against the foreclosed property after it has been conveyed for valuable consideration to a person not affiliated with the foreclosing lender. (ANOTHER RED ALERT BIGGIE HERE, A TOTAL REWRITE OF EXISTING LAW)
    In uncontested mortgage foreclosure proceedings, the court shall enter final judgment within 45 90 days from the date 0of the close of pleadings. (GOTCHA!)
    Where the amount of principal and interest, exclusive of fees and costs, owed to a foreclosing lender equals or exceeds 120% of the just value of the property subject to
    foreclosure, as determined by the county property appraiser in the most recent certified tax roll, the foreclosing lender may elect to foreclose without a judicial sale of the property. (THIS HERE IS THE REAL THING, GOTCHA!, GOTCHA!, GOTCHA! WE DON’T NEED NO STINKIN’ JUDGES OR COURTS OR DUE PROCESS!)
    In any mortgage foreclosure action, upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney. (REMEMBER ABOVE WHEN THEY ELIMINATED THEIR OWN LIABILITY FOR ATTORNEY’S FEES IF THEY WERE CAUGHT? WELL, THEY ADDED FEES AGAINST DEFENDANTS. THIS PUNITIVE SECTION WILL PREVENT ANY CONSUMER FROM HAVING ANY ATTORNEY REPRESENT HIM IN COURT.)

    Now, the real question is who is going to sponsor this MOST ABSOLUTELY HORRIBLE, ANTI-CONSUMER legislation? Now just for starters, even before session begins, this thing has already been drafted. Who drafted this bill? What special industry group paid for and submitted this? What banking group, what group of foreclosure mills? What special industry groups?

    MAKE NO MISTAKE THIS LEGISLATION IS BOUGHT AND PAID FOR AND IT WILL BE A TOP PRIORITY OF THE 2012 LEGISLATIVE SESSION!

    AND WHAT CAN YOU DO TO FIGHT AGAINST IT? FILL OUT THE PETITION at

    http://mattweidnerlaw.com/blog/wp-content/uploads/2011/08/WeidnerPetition2.pdf

    THEN MAIL IMMEDIATELY TO:

    MATTHEW WEIDNER

    329 4TH AVENUE SOUTH

    ST. PETERSBURG FL 33701

    This YOUR chance to be part of the MOST EXCITING REVOLUTION to sweep Florida politics in a generation. This opportunity to make your voice heard comes around only once every ten years. Please make the most of this opportunity. Print out multiple petitions and have your neighbors, friends and co-workers sign as well! Please forward this post around to as many of your social networks are you can. Remember, this is not just about getting me on the ballot, this campaign is about GETTING REAL, EVERYDAY FLORIDIANS THAT CARE ABOUT AMERICA ON THE BALLOT!

    The crucial thing to understand about this is any registered voter, from any county in Florida, from any party can sign this petition to get me on the ballot! This incredible quirk of the petition process comes around only once every ten years. And it just so happens that in this tenth year, the incumbent politicians are more vulnerable than ever before.

    DO NOT MISS YOUR CHANCE TO BE PART OF HISTORY!

    SIGN THE PETITION, PRINT OUT SEVERAL AND PLEASE MAIL ORIGINAL PETITIONS TO ME IMMEDIATELY!

    PLEASE CLICK HERE TO ENSURE THAT YOU ARE REGISTERED TO VOTE

    http://election.dos.state.fl.us/voter-registration/voter-reg.shtml
    See more details at
    http://mattweidnerlaw.com/blog/register-to-vote-do-it-now-dont-wait/

    2011+draft+sent+to+bill+drafting http://mattweidnerlaw.com/blog/wp-content/uploads/2011/08/2011+draft+sent+to+bill+drafting1.pdf

  37. @Carie,

    You know they didn’t, I know they didn’t, the KEMP case testimony showed NO CountryFried loans were transferred, but that does not keep LPS from trying their standard one-step ‘assignment’ to the trust that even attempts to ASSIGN the NOTE! MERS is not on the NOTE. MERS can not EVER assign what it never could possibly ever have had! Litton’s Noriega apparently signed or allowed LPS personnel to sign for her on that ‘standard’ format assignment that LPS produces.

    With a non-existent original ‘LENDER’. LPS and Litton and evidently BNY-Mellon, were just testing my intelligence, apparently. I was smart enough to dump attorneys who were con artists. Early on it was really hard to find any attorneys in CA that knew enough to see that I had a good case. Litton and LPS have made it even more evident.

  38. on 12/14/10 my lawsuit suffered a crushing dismissal on demurrer to the three important defendants, the builder, KHOV, the broker, and the corporate sugar-daddy, Hovnanian.
    on 3/25 i was ordered to pay sanctions of $5500 for a motion I actually dismissed the day before.

    I paid them- with a money order.
    On or about 6/28 I obtained new evidence

    On 7/13 a new judge was assigned.

    On 8/04 he gave me 20 days to present a THIRD amended complaint.

    Maybe there is a God.

  39. @Concerned

    “loans” never went into any “Trusts”.

  40. @Malco – you said

    “In my perfect world , we would line up the bankers in one line and the bottom feeding lawyers in another to save shells .” I swear, I laughed out loud at that one!
    Did you make that up yourself?

  41. To carie,

    New Jersey has an Order to Show Cause by the New Jersey Supreme Court Justice that stopped most of the foreclosure in New Jersey since Dec.20,2010. I’m not asking for legal advice, I have an attorney. In the Order, the robo-signers is the only issue that is on the table because the court didn’t want to tackle the more serious fraud. In New Jersey, Chase Home Finance, LLC had been submitting Certifications instead of Affidavits for their Proof of Amount Due and in their Response to the Order, they stated that they would continue to submit them because they were allowed to do so in the past with the courts and judges blindly accepting them. Now, the court has had to restate their requirement of Affidavits twice and the kicker is that the now want the pPlaintiff’s attorneys to attach an Affidavit of Diligent Inquiry that he has communicated with an employee or servicer of the Plaintiff. I believe the Certifications would be invalid, but I think the court is covering up for the judges who have ignored the law and putting it on the fool attorney who robo-signs this Affidavit.

  42. I have a Deed of Trust and Note that identify my ‘LENDER’ as a corporation in New York. Well, Neil has even had articles centered on this ‘LENDER’ that did not exist. The mortgages are ‘WILD’.

    With the corporation not existing, there is NO ONE that could EVER have done the work to PROPERLY get these loans assigned into the trusts. Yet here I am with the ‘servicing’ moving from CountryWide to LItton just in time for Litton to generate foreclosure documents, with the help of LPS and their subsidiary LSI.

    They purport to be doing a substitution of trustee — it does not conform to the requirements set forth in the Deed of Trust.

    The replacement trustee actually filed a defective NOD before the substitution got recorded.

    The notary on the substitution has signed so many different ways and in so many different ‘hands’ that she ‘gave up her license’ early. TX had taken my report on her. Could she have been pressured to end her notary license early? Has anyone deposition-ed “Melissa Bell” yet in TX?

    Litton’s Marti Noriega signed the document as the ‘MERS nominee’ for “America’s Wholesale Lender A Corporation” when there is ZERO possibility of a VALID authorization for ANYONE to sign for that company. The incarnation of that company that now exists in NY is one that was created by a different group at a later date that the time-frame of the origination of my loan, by 3 full YEARS. The company that finally was created has NEVER been a MERS member. The loans were fraudulently entered into the MERS system by CountryWide, using THEIR membership. Remember, with the corporation not existing, there was no legal way for the loans to be entered into MERS. No valid legal corporate documents can exist that would give anyone the authorization to act for the 2005 ‘vintage’ “AWL Inc”.

    MERS can not be used as a nominee for a company that is not in existence. The company that Marti is TRYING to sign for as the nominee NEVER has existed.

    The false trustee then generated the NOS. A BK filing stopped that. Litton and McCalla-Rhymer filed a Proof of Claim that really missed it’s mark. It showed no connection between Bank of New York-Mellon as Trustee for CWABS 2005-10 and “America’s Wholesale Lender A Corporation”. The following month, Litton/LPS generated an assignment that attempted to solve that mystery, but only added to their own problems: They filed a July 2010-dated assignment that is DIRECTLY from “America’s Wholesale Lender A Corporation” to the CWABS certificate-holders with BNY-Mellon as the trustee. Debra Lyman (the document signer as the MERS-authorized signer) has an ironic last name. I wonder if it is her REAL name? Lyman, yeah, you sign to LIES, man! Couldn’t you find an honest job? Or can’t you differentiate truth from lies anymore?

    NY AG Schneiderman’s office is looking into this. The attorneys for certain of the various CountryWIde trust investors have also been alerted to be on the lookout for any AWL mortgages since they do not even need to dig into whether the underwriting standards and documentation standards were followed.

    Since cases like the NY ‘Alderazi’ case have shown that there is no evidence of the authority to assign these mortgages from AWL, BNY-Mellon has some ‘splaining’ to do on ALL “America’s Wholesale Lender A Corporation” loans in any of the trusts.

  43. Please check out how to file a notary complaint correctly at http://www.notarycomplaint.com. Follow the instructions and you will succeed. Also, join the email list at http://www.showmetheloan.net to keep up with notary complaints and a way to destroy the TRUSTEE.

  44. When you start with fraud…there is no where to go but to create more fraud. All was presented to borrowers as a new Note/Loan. No Notes validly sold to Trusts…no Note to a mortgage to transfer…collection rights do not have to be “funded”, they are simply a right to collection transferred by assignment—not a “Note”.
    Fraud on top of fraud on top of fraud…on top of fraud…where else can they go???

  45. Yes Malco, you will prevail.

    Fighting for your rights is victory in itself. And when you do, I’ll come and dance the jig with you! Then, you will talk about your victory to all those who are still to afraid of engaging in the fight: seeing what you have accomplished will make them understand that it is available to them, if they do what you did to get it! And the more people fight, the easier it will get for everyone.

    I am waiting to read that 10%, 20%, 25% etc. of homeowners are taking an active part in the battle. That’s what has been missing up until now. I am waiting to see that B0A, Chase, Wells etc. have to face so many lawsuits that they are bankrupt.

    One homeowner at a time.

  46. i agree with you neil, that these law firm and used of their notaries in execution and acknowledgement of each documents such as NOD, substitution of trustee, notice of trustee sale, trustee’s deed upon sale and other documents are fabricated, manufactured and fraudulent in nature because they had known that all those information with those documents are false but still they intend to keep doing it because the loan servicer give them the authorization to misrepresent these law firms are so pathetic and crooks. in my other case, these attorney even signed an affidavit that all the documents submitted are all correct and ready to testify if called as a witness under penalty of perjury. my god, how could an attorney signed those affidavit when all those documents are false.

  47. I am part of the inquiry that the AZ AG is doing into B of A , does this affect me ? B of A wants me to contact them and withdraw complaint and do a “mod” , uh ok , sure I am just a dumb ass I will do what you say banker man , because you are so much higher up the food chain and I am a # to you , KISS MY ASS !!!!!!! I am human , and look out , because my self preservation instincts have kicked in and you are dead to me , see what MERS cost you to save a few bucks ??? I am trying to get my county to file suit because when they transfer the loan the county is out that tiny transfer fee , but look at your roads and bridges , they are killing our country from within . In my perfect world , we would line up the bankers in one line and the bottom feeding lawyers in another to save shells , don’t get me wrong , there are many GOOD Lawyers , you know what I am saying . I will win and F B of A , I will dance an Irish Jig when they fail

  48. I am trying, so far unsuccessfully, to get the Minnesota Attorney General to look into the alleged robo-signing of documents and forgeries by the foreclosure mill, Reiter Schiller, in St. Paul. Anyone with info on this firm or any involvement including cases in Minnesota re: robo signing and forgeries please contact me at jordanalipscomb@gmail.com Thank you!

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