Fla AG Bondi “Cleared” But Guilty?


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Editor’s Note: Just because the document contains forgery and fabrication doesn’t mean you win and they lose. Focus on the money trail and challenge them to show a “sale” of the loan where there was an actual payment. They don’t have that and they can’t fabricate it either.

They couldn’t sell the note because they didn’t own it — the investors already owned the obligation even though there was a defective note in circulation. The borrowers’ signature did not and cannot create two obligations when they only received one loan. They received the loan from the investors, not the originators. Once you have nailed down that point, the rest is easy to show where the defects in the paperwork matter.

Bondi in Florida almost got away with it, even with me. As more information comes in, it is obvious that she was directly following orders from the banks. She should be removed from office.

 Theresa Edwards (left) and June Clarkson, who led Florida’s foreclosure fraud investigations, were routinely praised in performance reviews before losing their jobs.
Taylor Jones/The Palm Beach Post

Theresa Edwards (left) and June Clarkson, who led Florida’s foreclosure fraud investigations, were routinely praised in performance reviews before losing their jobs.

Palm Beach Post Staff Writer

The Nevada attorney general calls signing another person’s name on documents used to repossess a home “forgery” and a “scheme.”

Michigan’s attorney general launched a criminal investigation that includes whether “falsified signatures” were used in foreclosure cases.

But Theresa Edwards and June Clarkson were forced to resign their jobs as foreclosure fraud investigators for the Florida Attorney General’s Office, in part, for referring to so-called “surrogate signing” as forgery.

According to a Florida Inspector General report that cleared Attorney General Pam Bondi’s office of wrongdoing in the firings, the duo repeatedly used the word “forgery” in a 2010 presentation that included documents from the Jacksonville-based Lender Processing Services. The company complained and drew the attention of economic crimes boss Richard Lawson.

Lawson says in the inspector general’s Jan. 6 report that surrogate signing as it relates to Lender Processing Services, also called LPS, is not forgery, which requires an intent to defraud. The practice was authorized by the company, more evidence, Lawson said, that no forgery occurred.

Homeowner advocates who support Edwards and Clarkson are now questioning portions of the 83-page report. They point to the LPS signature issue as an example of what they say is Florida’s resistance to go after foreclosure fraud.

Big paperwork processor

“Theresa Edwards and June Clarkson were fired for aggressively investigating these practices,” said Palm Beach County home­owner Lynn Szymoniak, who is in foreclosure. ” Are these practices really OK in the opinion of the chief financial officer and the attorney general?”

LPS processes paperwork for more than 50 percent of the nation’s foreclosures, according to a December lawsuit filed by the Nevada attorney general. The company has said it stopped surrogate signing after its own investigation uncovered it at a now-closed subsidiary company called DocX.

Still, tens of thousands of documents are affected nationwide and the forgery debate contributes to the foreclosure logjam that has stalled Florida’s economic recovery.

While at least one Florida law professor agrees with Lawson, others maintain the issue transcends surrogate signing. Most of the signed foreclosure documents are also notarized, said Royal Palm Beach-based foreclosure defense attorney Tom Ice, meaning someone is swearing that the person signing is who they say they are.

“So, at the very least, surrogate signers are a species of notary fraud, which the courts take very seriously,” Ice said. “Why require notarizations at all if we don’t care who actually signs them?”

Edwards and Clarkson, who led Florida’s foreclosure fraud investigations, were routinely praised in performance reviews by their direct supervisor, Robert Julian, and lauded for netting a $2 million foreclosure-related settlement from the Law Offices of Marshall C. Watson.

But the inspector general report details complaints about the duo’s work made by Lawson, some of their colleagues, and LPS.

Those complaints include disorganized paperwork, the lack of independent investigation, relying too heavily on two Palm Beach County homeowner advocates for evidence (including Szymoniak), being unprofessional, and using incorrect legal theory.

Their work was so slipshod, Lawson said, that the investigations didn’t truly begin until after Edwards and Clarkson left and the files were reassigned.

A major issue raised was a December 2010 PowerPoint presentation Edwards and Clarkson gave at a conference of the Florida Association of Court Clerks and Comptrollers.

The presentation includes several references to LPS and “forgeries.”

LPS attorney Joan Meyer wrote a letter to Edwards and Clarkson on Jan. 6, 2011, criticizing the PowerPoint, which she said mischaracterized “delegated signing authority” as forgery.

Lawson supports that stance, adding that Meyer gave the information to Edwards and Clarkson prior to the presentation.

Edwards maintains surrogate signing is forgery. If there was no intent to injure or defraud, why wouldn’t the person just sign their own name, she said.

19 Responses

  1. @ wiltel2
    When doing it LEGALLY and PROPERLY, yes, if you give me the authority to sign for you, I sign wiltel2 by Incognito123 as attorney in fact, so everyone KNOWS I signed it, but it was with your authority to sign on your behalf as if you signed it. The exact wording may vary slightly from state to state, but essentially it is the same. And if you gave me that authority, that also must be documented. If on behalf of a corporation, THAT ALSO must be documented, and who gave me the authority, DID THEY have the authority to designate me to sign. It can be done, but to be legal it MUST be easily seen and documented, NONE of this garbage is ever done properly. Then they keep saying it is legal just because they did it as a matter of practice. If I rob a bank 1000 times and don’t get arrested, does that make it LEGAL TO DO SO BECAUSE I WASN’T CAUGHT??? Hey, according to Lawson it must be, think I need to start doing so, and say he said it was OK. And then for that JackA$$ Lawson to say forging (A/K/A Surrogate Signing) is legal, AND he is supposed to be one to enforce our state laws, is a joke. He is collecting a salary from the state, and based on those comments, that is TOTALLY unacceptable!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  2. Isn’t there something about the signer is supposed to have personal knowledge of the matter supposedly being signed?

    It’s been a long time but I believe I had designated signing duties once.
    I was required to sign “for name of the Individual” by and than sign my name.

  3. Class Action Chase Accused of Brazen Bankruptcy Fraud
    Read the Complaint at


    LOS ANGELES (CN) – JPMorgan Chase routinely fabricated documents to deceive bankruptcy judges, going so far as to Photoshop documents to “create the illusion” of standing “in tens of thousands of bankruptcy cases,” according to a federal class action.
    Lead plaintiff Ernest Michael Bakenie claims that Chase’s “pattern and practice of playing ‘hide-and-seek’ with debtors, judges and other bankruptcy players” bore rich fruit: that Chase secured motions for relief of stay and proofs of claim in 95 percent of its cases.
    “Through the use of fabricated assignments, endorsements and affidavits that purport to transfer deeds of trust, notes and the rights to all monies due under the terms of tens of thousands of non-negotiable promissory notes (the ‘MLNs’); Chase has demonstrated a pattern and practice of playing ‘hide-and-seek’ with debtors, judges and other bankruptcy players,” the complaint states.
    “Chase intentionally conceals the identity of the true parties in interest entitled to enforce the tens of tens of thousands of residential non-negotiable promissory notes (the ‘MLNs’) for its own financial benefit, at the expense of the class and to the detriment of the integrity of the bankruptcy system.”
    Bakenie says Chase used a network of attorneys to file more than 7,000 motions for relief from automatic stay in bankruptcy cases in the Central District of California, “wherein they falsely claim to be the party entitled to monies due under the terms of MLNs.”
    Chase rewards attorneys based on how quickly they can secure the stays, and uses fabricated documents to establish chain of title on loans, according to the complaint.
    “Rather than incur the cost of ‘proving up’ its own standing or the standing of its principal Mortgage Backed Security Trust, Chase systemically misrepresents Chase or a designated MBST to be a creditor in tens of thousands of bankruptcy cases by utilizing manufactured documents,” the complaint states.
    “As a direct result of this practice, over 95 percent of Chase’s motions for relief of stay and proofs of claim are granted without objection

    Read more at http://www.courthousenews.com/2012/01/17/43098.htm


  4. My house shows mortgages filed against it in 2005. I have not taken a mortgage since 2002.Even then I did not get my deed.Financed air.Iam told it was a mod then a correction mortgage.I know my husband did this.He is the one behind most of this fraud.

  5. Florida is just a pathetic Right wing states, ruled by lackeys of the 1%. We will see their destruction and they will be held accountable with their own freedom!

  6. @Iwantmynpv,

    I already did! A week ago! Didn’t you read it? And I know you didn’t have any ulterior motives. Jeez! When are people going to learn that they are not their actions?

    Anyway… I expect to hear from DCB about my last post. Might even drop another nervous poop over it… 🙂

  7. http://mattweidnerlaw.com/blog/

    More lies…

  8. @Westcoast,

    My point exactly.

    So long as “banks didn’t do anything illegal” is allowed to fly, forgery is called “surrogate signing” and telling the truth is being “unprofessional” (I was accused of that for years while working for… the then world largest insurance company, simply because I question what I don’t understand and so many things were borderline fraudulant that I didn’t understand much…), we can’t hope for justice.

    Words have meaning. Word define concepts. Screw up the language and you screw up society’s the entire fabric. “Lender” is only the person that PUTS UP the money. Not some anonymous entity that is there to start the succession of accounting fraud undertaken with mortgages. “Anti-trust” means very simply that you stick to your mission statement and don’t encroach on everybody else’s business in order to cut corners and make more money by blurring every boundary and circumventing every existing law.

    Vocabulary has been redefined to satisfy Wall Street needs and to prevent prosecutions.

    Pisses me off!

  9. @ enraged – this entire event is willful and you should accept my apology – I meant no bad will.

  10. Our country is going through such an awful time when “enhanced interrogation” isn’t torture and “surrogate signing” isn’t fraud. What a load of crap.
    These double-speak morons need to be tied to the post and horsewhipped in front of their peers and families. The shame of it all!
    Fraud is fraud, these two fine ladies identified it and should be given an award and a promotion, not forced to resign. So should Bradley Manning.
    Good people of character must stand up and champion the efforts of brave people who are attempting to be true to what is right and fair.

  11. This is not limited to Florida. Wht I have been stating to all concerned.From the state to the federal governments.
    My estranged spouse I hve discovered s a key player in mortgage fraud.What I have found. Is that his signature in many forms…yet still his pen stroke. Are on every mortgage note filed in Suffolk county NY. Since the mid 1980s.
    This man took many and still does take many short trips to Fla. Two days ,one night.
    When I finished accepting what he had been doing in NewYork. ( He worked as a finance manager at various car deallerships in NY).
    It was this past summer that I obtained the courage to go online and look at the Fla. official records.No. By this time. I was not surprized. To find all of the Fla. counties had the same hand writting.They even have the same names for the straw buyers.Getting to know some of these Strawmen and woman quite well.
    NewYork govt. refuses to do anything also.So I began searching the names of the county officials in public records.It is right there in public records for all to print out and compare if they wish. NY & Fla. signed in the same writting.Pen stroke. My own deed on my house I bought in 02. He had a feeding frenzy on it. And I never got my deed.
    Anyone interested in varifying this? Go online any county in Fla. or Suffolk NY.
    Official Records search..any county. Go to deeds/mortgages. Official records. Type in the search the last name Badr.Also Mustoffa.There are more.This is a starter. Print a few from Lake County, a few from Velousia,Pinellas & so on. Use the same name Badr. Print a bunch. Compare them. You will see the same signature and writing style on all. Same in Suffolk.
    Have not delved into other states.Afraid of what I might find.
    What this screams at me. Is that this is being done by and for the benefit of government officials in collusion with the banks. These mortgages are not even legitimately going through banks. This is an underground banking system.
    Now with this known by more than just them and myself.I want America to know and to stop the government from robbing itself and blaming the American public.

  12. I cannot even make a comment about Florida, It makes me sick to my stomach.

  13. If I go tell you to rob a convenience store and you do it, because I TOLD YOU to do it and you were not intending on committing a crime, does that make it legal??? From Lawson’s point of view it seems to be acceptable. BS, if the AG’s Office think they had to worry about Lisa, they better start looking my way, I’M FURIOUS!!!!

  14. What a JACKA$$ Lawson is, I knew he was bad, just didn’t realize he is THAT bad. Not forgery – BULL$*&^ that is EXACTLY what it is, and it IS with the intent to defraud and deceive. UGH, I’m FURIOUS NOW!!!!!!!!

  15. Oops “the reality in which we live”… Sorry.

  16. I’m having such a problem with what has transpired! We are simply witnessing the systematic and methodical making of the third-world country. If we don’t act very fact to reverse that trend, I am not optimistic for the future of this country.

    1) What makes a country united and strong is a uniformity of language. Uniformity of language governs uniformity of concepts and uniformity of laws. Once we start changing the meaning of words, we blur any possibility of communication since words mean different things for different individuals and concepts apply differently for different individuals. Words create the reality in which we leave and determine society’s thought process. This numbind and dumbing has been an ongoing problem in the US for many years. As a matter of fact, as early as 1987, Allan Bloom said it in his book “The closing of the American mind”. He wrote it. He warned us. Didn’t make one iota of difference because, by then, it was probably already too late.

    2) It will not get any better: our civilization rests on paper documents. Obama pushes for no-paper everything, which means that the written word will become extinct.

    3) Once we have no written language left, we’ve gone back to Rwanda, Burundy and Congo, where there is no language uniformity and people experience endless civil war.

    4) If we look at it under that angle, the war against teachers and unions makes perfect sense.

    If it is an experiment, it must be stopped immediately. If it is the conscious and willful undoing of 10000 years of known and recognized intellectual and philosophic history, we’re in deep S*%t!

    I don’t think we have to worry about Iran or China: we’re doing a hell of a destruction work all by ourselves!

  17. @ Anonymous – that is exactly right, the cash out is what created the new instrument upon execution by the homeowner.

    There is a money trail, it just stops at the door of the Seller Bank.

  18. […] Follow this link: Fla AG Bondi “Cleared” But Guilty? […]

  19. Subprime refinance? “Investors” bought debt collection rights — no funding necessary (except for any cash-out). Money trail? Yes, there is none.

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