More Charges Against Brown at DOCX

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“Shortcuts like robo-signing are just one piece of the mortgage foreclosure crisis,” said Schuette.  “Our investigation remains ongoing, and we will bring to justice every lawbreaker we find.”

—-

The message is finally getting through. Justice moves slowly. I have mentioned here that it takes a long time for law enforcement to unravel a complex financial scheme and build a case that can be proven beyond a reasonable doubt. Finally it is starting. Brown has already entered plea deals in other states. This time it is in Michigan where the allegations from Attorney General Schuette are virtually identical to the defenses raised and dismissed by thousands of Judges who believed that borrowers were simply trying to get out of a legitimate debt.

Neither the debt nor the documentation turns out to be legitimate — all based upon fraud, forgery, and now with these charges RICO. Incredibly the investigation at the Michigan AG office only began in 2011. The rest of us began our investigations in 2007 or even earlier in some cases like Katherine Ann Porter when she was a professor at the University of Iowa and the Fordham Law students who published the article “Will the real party in interest please stand up” in the Fordham Law Review (see right side of this blog to access article). Students were able to decipher the lies and cover-ups before the issue of PONZI schemes and fraud were raised in an outcry by lawyers and borrowers who were gradually worn down to the bone by Judges who just didn’t believe the “theories” (based upon fact) advanced by borrowers who wanted to get rid of the remedy of foreclosure and a way to modify their mortgages to real value.

Like other states, Michigan is passing laws to protect and provide remedies for the illegal practices used by the Banks, but they still don’t grasp the full import of the false documentation, the credit bids by non-creditors, and the fact that the balances due on the loans are far below the amount demanded by the banks because of payments from insurance, credit default swaps, federal bailouts etc.

The real question is what restitution should be provided to the millions of people who were victims of foreclosure by entities that neither funded nor purchased the loan? Besides getting their house back, how much in damages should the banks be required to pay. When will the AG’s sink their teeth all the way into the largest economic crime in human history?

MIchigan Charges DOCX Brown with Felonies

 

79 Responses

  1. There are contracts that are done with fraud at the inducement the day it was signed. Like a LIBOR rate rigged contract.. Non disclosure of the lenders at inception. And non disclosure of giving our social security numbers and private information to parties unknown to us. Immediatly separating the note from the deed of trust. Causing slandered title and not having anyway to clear up our titles, without litigation, preplanned defaults by wording that over the average homeowners head, not disclosing we are preset up with fruad appraisals and defaults. No way to find out who really owns our title to clear it. Boils down to this and LIBOR rigged rates. http://en.wikipedia.org/wiki/Wall_Street_and_the_Financial_Crisis:_Anatomy_of_a_Financial_Collapse

  2. Folks, I see absolutely NO substitute for knowing the law. The law of contracts says law shall not impair the obligation of contracts. But THAT implies the contract has validity, that it has conscionable provisions, that it is essentially fair and made in good faith, and that no fraud induced a party to sign it.

    MOST of you who have commented have IGNORED this reality repeatedly to make your points about crookedness in the assignment or foreclosure process. In foreclosure the lender/assignee is the dog and the borrower is the DOG MEAT. In the battle against mortgage fraud, the borrower becomes the dog and the lender becomes the DOG MEAT.

    It is always better to be the DOG than the DOG MEAT. When will you grasp this simple principle.

    Now you know that the court wants to favor the plaintiff in foreclosure. You know the main reason: the borrower signed the note/mortgage, then breached it by failing to pay and MUST forfeit the house. And this is both RIGHT and makes GOOD SENSE. You sign a deal, you live up to it or forfeit the collateral. PERIOD. Get that through your heads.

    On the other hand, the lender had the obligation to TREAT YOU FAIRLY in the note/mortgage process. His agents the appraiser must have honestly appraised the collateral, and the mortgage broker must have submitted and honest and accurate loan application without entering false information on it just to get a lender to accept the application. And a variety of laws impose other obligations on him. If he violated any of those, you may have substantial causes of action against the lender.

    In other words, if the lender cheated you in the mortgage, THAT COULD INVALIDATE THE WHOLE LOAN, and justify a rescission and disgorgement of funds.

    Take note that the courts will help you with this if you sue the lender for fraud, torts, breaches, or legal errors. Why? BECAUSE THE CONSTITUTIONS REQUIRE THE COURTS TO PROVIDE YOU WITH REDRESS OF INJURY, so you won’t shoot crooked lenders, appraisers, mortgage brokers, etc DEAD for cheating you.

    Okay, so what typically happens when you talk to a Foreclosure pretender defender?

    Foreclosure victims have NO CLUE about the above realities because they hire a FORECLOSURE PRETENDER DEFENDER who FAILS to discuss it, and LEAVES YOU the BORROWER AS DOG MEAT, and pretends to pull the meat out of the lender’s teeth, knowing you will eventually end up in the lender’s belly.

    The attorney does not bother examining the mortgage-related documents for the lender’s/agent’s contract breaches, legal errors, and tortious conduct. Instead, the attorney bilks you to fight a phony, LOSING battle against the foreclosure’s defects (robo-signing, wrong plaintiff, etc), charges you the borrower $10,000 to $20,000 (or up to 10 times that much) for the privilege, the court statistically ALWAYS orders the house sold at foreclosure auction, and YOU LOSE THE HOUSE ANYWAY. ALWAYS.

    Why should YOU care about this whether you face foreclosure or not?

    Here’s why. NINETY PERCENT (90%) of all residential single family loans in the past 12 years have some kind of fraud, torts, breaches, and/or errors underlying them – crookedness engineered by the lender and his agents to CHEAT YOU. Did you get that? *** 90% ***. And borrowers who attack lenders for that cheating in settlement negotiation or litigation almost ALWAYS get a settlement, a brand new loan for the actual value (instead of inflated value) of the house, or a CASH SETTLEMENT that leaves them with the HOUSE FREE AND CLEAR.

    HOW MANY FORECLOSURE DEFENDERS EVER GOT THE HOUSE FREE AND CLEAR? Statistically NONE (less than 1 in 1000 or 10,000), for the reasons I explained above..

    So, YOU CHOOSE –

    – hire a foreclosure pretender defender and lose your house after paying 20 grand and end up homeless with a fat 20-year judgment lien (in other words, become lender’s BITCH)…

    or

    – get your mortgage and appraisal professionally examined, negotiate or sue for a settlement, and end up with your house free and clear and/or a cash settlement (in other words, you turn the lender into your BITCH).

    Which of those scenarios do you prefer?

    _Be_ the Bitch? or
    _Have_ the Bitch.

    It’s that simple.

    If you just ask me politely, I’ll show you exactly how to get your mortgage and appraisal examined professionally within 7 business days. And NO, I do not sell the service OR write this for commissions. I publish these comments to help people obtain MORTGAGE JUSTICE against crooked lenders.

    Bob Hurt
    http://r.beetagg.com/?48F181

  3. I agree this is a global tragedy & too many immoral people are in control.

  4. This is a global tragedy. The devil is in the details and the title and bloomberg terminal investigations will bring out the truth.

  5. I agree Shelley. To investigate these entities would reveal the truth, they ae criminal enterprises, and hiding behind them are immoral, lying, thieving greedy, low life politicians who hire desperate people who are weak and easily compromised or other immoral, low life, thieving, greedy people to do their dirty work.

  6. Freddie and Fannie are part of the ponzie scheme like MERS they are both a shell game.Fannie has a policy found below that stated the lenders were not to transfer the notes to Freddie nor Fannie. They own noting but thin air. Need to have the title and securities pools investigated.
    http://propertydefensenetwork.com/blog/2012/07/26/welcome-to-freddie-and-fannies-mortgage-shell-game/

  7. Bernie Madoff and Jeffrey Skilling are saints compared to these politicians. They are patsy’s, and if they had any guts at all, they would blow the whistle on these lowlife, ponzi scheming politicians and their criminal cohorts on Wall Street.

  8. I would like to add, the only way that a coverup of this magnitude could be accomplished by so many seemingly different entitities is because this Government is eavesdropping on everything the citizenry is doing. That should never be allowed under any circumstances in a free & open society. These politicians have self appointed themselves our nannies because they and their criminal friends are robbing us into oblivion and we are allowing this because we are too afraid to believe it could be true.

  9. Bob Hurt….I believe the real problem is, the American people are not standing up for their rights in these courtrooms. As a nation, we are very uneducated and believe pretty much everything we are told. People complain of the corruption and turn around & hire a corrupt attorney or expect a corrupt judge will be fair to them. Well, that’s not going to happen. There is way more money in this for the judges & the attorneys to keep the ponzi scheme going & throw us under the bus. The America people are just too trusting in most cases and don’t want to believe this many entities could be involved. I have found this entire cover up to be meticulously well orchestrated and every entity imaginable is involved, from the post office to the county clerks. Sounds paranoid but, I believe it can be proven. Too many “mistakes” have been made by too many people. The likelihood these are all coincidences is IMHO highly unlikely. These crooks are trying to keep this ponzi scam alive for as long as they can but make no mistake the FED IMPOSTERS, posing as American institutions fully intend to seize all of our freedom & independence under the guise of debt. This is all manufactured bullshit because the U.S. TAXPAYERS already paid for everything upfront at the ORIGINATION plus we already gave them $50 trillion+ in bailout money and 20 million fraudclosures backed by $8 trillion in property & these crooks want more….they want to steal it all and they did not pay for a God blessed thing…nothing…..at all. This is all the dirty work of the traitor politicians who want to hand themselves $16 trillion more of our wealth and destroy the place & NO ONE even bothers to ask….Who in the hell is owed all of this goddamned money….?

  10. These entities & their shenanighans need to stop. If the Government is not going to do their job then the American people will have to.

  11. Jan Van Eck wrote: “It is foundational that “He who breaches first excuses the subsequent breach of another,” and there is also the doctrine set in concrete by the Supreme Court in the case “Keystone Driller Co. V. General Excavator Co.,” 290 U.S. 240, that one who comes into court with unclean hands shall have his case dismissed, and “the doors of the Court House shall forever be barred against him in limine, and his cause shall not be heard.” In other words, bankers who screw with the documents are out the door – forever.”

    I want to see criminal prosecutions against all who forged signatures and all who counterfeited or knowingly presented counterfeited documents to the court for the purpose of foreclosure. Mortgagors should only need to report this to the FBI and State Attorney to start the indictment/information process.

    In the end, though, the foreclosure defender has to know the law and procedures and work them well to urge the court to hold crooks in the foreclosure process accountable. And I believe they can best do that by attacking the mortgage instead of the foreclosure, on the basis of Eck’s first quote above. Foreclosure defenders should ruthlessly seek out prior breaches by the lender.

  12. What religious or political authorities are you talking about? In America we are not suppose to bow to Politicians like they are Kings, Queens or kissing the rings of Popes…

  13. Now that everybody has had their venting rant and included swipes at civil and religious authorities, might I gently point out that, contrary to what was set forth by some posters, the felony indictment of the PRESIDENT of Docx is not just a big deal: it is a Huge Deal. It is not that Miss Brown is going to “roll” on anyone else: she is at the top of that food chain. Whatever “plea deal” comes out (as long as it is not a vacating of the charge, which it is not going to be), it will not adversely impact the ability to recite the conviction in civil litigation, effectively becoming an Admission that documents manufactured by Docx were done in violation of Federal racketeering statutes. That is seriously heavy stuff, and provides an “Affirmative Defense” (also termed a “Special Defense” in some States) to foreclosure.

    I also find it hard to believe that such affirmative defense also does not preclude the possibility of any foreclosure taking place on a property that has had Docx contamination. It is foundational that “He who breaches first excuses the subsequent breach of another,” and there is also the doctrine set in concrete by the Supreme Court in the case “Keystone Driller Co. V. General Excavator Co.,” 290 U.S. 240, that one who comes into court with unclean hands shall have his case dismissed, and “the doors of the Court House shall forever be barred against him in limine, and his cause shall not be heard.” In other words, bankers who screw with the documents are out the door – forever.

    The implication, as I see it, is not a clear win for the homeowner – the debt is still out there, and the title remains attached by the debt – but the lender cannot foreclose. It becomes a “Mexican standoff:” – you sit inside, and they can go stand in the cold outside. That can go on forever. Finally, at some point you can make a settlement – for pennies, of course. If not, then you sit (and pay nothing in the meantime). And, you can sue the lender with the Docx fabrications separately for damages – always a nice touch. Couldn’t happen to a bunch of nicer guys. Sue them all.

  14. You said it Louise…this goes way beyond common sense.

  15. What happened to all the other folks who used to leave posts, like enraged, anonymous, and so many others?

  16. I have litigated this in court pro se for 4-1/2 years and four lawsuits.  I do not want to hear about people’s BS about their religion or their political leanings.

    Neva Burmese8@yahoo.com 864-241-8602

    LEGAL DISCLAIMER: This E-mail is protected by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521 and is confidential and may be legally privileged. Any unauthorized or improper disclosure, copying, distribution, or use of the contents of this E-mail and attached document(s) is prohibited.  

  17. Maybe Louise has guidelines to stay on point by….from what I can see this scandal takes on so many forms and yes Louise..even the dreaded R word …RELIGION comes in to play here….God forbid someone says God or Satan..Jew or Catholic..Jesuit or Jesus…we are officially loons in the world of Atheists who must be way more logical & educated because they don’t believe in God or Satan..or heaven or hell…nope…smarty pants like you don’t believe in none of that stuff because none of that stuff could possibly be why we are here..HA..well they may have fooled you..

  18. These are complex issues Louise. So unless you have a solution that targets one particular issue, where is the proof any of us are not on the right track. ..? There is no clear cut answer yet so I see no reason to not try and have an open mind.

  19. It would be greatly appreciated if we could stay on point. We have had others who did their political, religious and other forms of ranting that have no bearing on this post. They are now gone. Stick to the point. This Brown woman is low hanging fruit. We can hope she is going to roll on some higher-ups to lighten her sentence. This is only the first part of the story. We have to wait for the other shoe to drop.

  20. I must have needed coffee last night TWILIGHT ZONE

  21. This country has gone to hell and we are in it. The Twghtzone.

  22. That is all true Shelley but, I am still not intimated because I did nothing immoral or illegal. They can shove all of their fraud including their healthcare law. How ridiculous are these control freaks they are demanding we buy healthcare..? Healthcare should be at a nominal cost that everyone can afford and should not involve the Government telling us we have to buy it. Now the gay marriage thing. I just want to hurl all over these idiots and not about gay marriage .. I want to hurl that this is anyones business what 2 grown people do.

  23. As far as not giving up and standing our ground. We are dealing with organized crime against America.

  24. Absolutely agree with you on all accounts 100 percent.

  25. I won’t give up and I won’t be intimidated. I am living in the most corrupt County in the country and the politicians in this State are bullies. I literally heard a local media schill tonight call Senator Dick Durbin the “powerful” Senator from Illinois Dick Durbin..& Durbin say no one better dare test the system…..! All I can say to that remark is, wow… what nerve. These politicians are nothing but a bunch of ego tripping maniacs who really should be in prison with Blago.

  26. Reminds me of the hienas on the movie the Lion King.

  27. Ontop of it some are being pilfers afterwards of what life blood and breath thehave left by deficicency judgements and taxes. What a real life nightmare hell. Worse than the twilghtzone.

  28. Oh yes I do constantly like a raped victim until someone listens and does something., We ;havebeen rapedof our lives, incomes and homes.

  29. I am invoking my Constitutional rights Shelley. Everyone should.

  30. We have a Constitution however it is being walked all over and being ignored by unconstitutional law so what good is it until someone somehow the guardians of our constitutional rights enforce it. The enforcers are missing..Unti then we are in deep trouble. If the rule of law was followed there would not be one foreclosure.

  31. Licensing our gun rights is just part of the strategy they are using to disarm us. It is none of their business who has a gun. It is our right to bear arms and it has nothing to do with having a hillbilly mentality as Alec Baldwin and Piers Morgan tried to sell that theory tonight as well. It is so obvious these Hollywood people are trying to sell us this unconstitutional and illegal agenda. Most Americans will never buy into any of it.

  32. There is no doubt in my mind we have a U.S Constitution. Unfortunately, we are allowing these politicians to use it to their advantage and we don’t know how to use it to ours. They sure know how to use the U.S. Constitution when it suits them …. like to cover up for all of the crimes of themselves and their friends. I saw Alec Baldwin on Piers Morgan’s show tonight talking about licensing our 2nd amendment right to bear arms…I heard that same remark come out of Rahm Emanuel’s mouth on the same program several months ago. Like the real criminals wouldn’t love to see all of us disarmed.

  33. My now deceased Uncle said it right. It is not illegal unless you get caught/ But what he did not say is if you get caught and dont suffer consiquences then who cares? WE LIVE BY THE LAW OF THE JUNGLE NOW.

  34. Under 18USC4, all officers of the court which include all lawyers and jduges are mandated to report fraud and it is a misdemenor if they dont and prison time. What a laugh. Very few of our judges are going by the rule of law. And most of them are aware of this fraud. The lawyers for the banks and foreclosers are aware of this fraud AND HUMBUG THE STATUTE. The FBI is incharge of terrorism and mortgage fraud and they say they are focused on terrorism. Where? Not here at home! And mortgage fraud is rampant in every couirt room, causing every court room to be a crime scene. Economic terrorism is the worst kind of war and it is here on our land and our properties in every neighborhood. Our financial institutions are the criminals and the homeowners and income earners and all tax payers are the victims.all government officials not protecting the public are breaching their oath of office. However that is road kill. The constitution and rule of law are a laughing joke. And the smerking politicians and banksters and their gansters lagugh all the way to the bank and the Bahama’s.

  35. Crime and fraud are acceptable in the Whitehouse and pardonable. The foundation of our government now. We are lawless therefore due to bank law and unconstitutional law that govern our country there has been no crime. The rule of law is thrown under the table for bankster law and biased law, by to many to counyjudges enabling the crime. Whom should be recusing themselves due to conflict of interest. Unconstitutional law is accepted on a daily basis in most of our court rooms and therefore America has become lawless.. The Constitution is road kill.

  36. Obamas still saying Wall Street did nothing criminal? Most of us could probably name a few…Concealment, Intent to Deceive, Racketeering to Gain Unjust Enrichment, Gross Negligence, Conversion of nothing of value to do permanent harm and gain unjust enrichment from the Defendants, Extrinsic Fraud, Acts of RICO, Racketeering, numerous Constitutional Rights Violations, Obstruction, Suborning Perjury, Unauthorized Indorsements in Blank to gain unjust enrichment, Criminal Negligence, Fraud in the Factum, Money Laundering, Making False Statements about False Bank Entries to Commit Bank Fraud, Forgery, Counterfeiting, Uttering, False Signing, Fraudulent Inducement, Securities Fraud, Mail Fraud, Fraud in the Sale of Securities, Intent to Issue and Deliver any such document is unlawful use of a Signature Device, Copyright Infringement, Wire Fraud, Tax Fraud, Fraudulent Conveyances, Fraudulent Reconveyances…..etc…

  37. I would like to add this… more than half the country have been so severely brainwashed that they are communists now and don’t even realize it. We need a nationwide poll with some really tough questions for the american people in regards to this issue. The American people may be really shocked to learn how they have been tricked into accepting complete communism under many disguises.

  38. Bob…The FEDSTERS and the BANKSTERS are who owe gazillions in debt to the American people. There is no legal fix for the Origination fraud they committed in our names. Therefore all payments they collected on money they were not owed must be repaid to the American people because the FEDSTER/BANKSTERS are in default to the U.S. TREASURY DEPARTMENT in our names. This is the biggest robbery of the wealth, property and freedom of the American people in U.S. History. The biggest scandal in U.S. history is the cover up for this massive crime spree. Not one radio or television media news outlet to date has spoken the truth on this robbery and hijacking of the U.S. TREASURY DEPARTMENT. If one mainstream media outlet had the guts & the patriotism to speak the truth, this would have been over with by now. That is proof these commies are hidden in plain sight. RT news is now mainstream U.S. news…and all media news outlets are in cahoots with the commie Russians. Its a damned disgrace. The founding fathers are surely rolling over in their graves. This was never their plan for America. Our Constitutional Republic has been hijacked by foreign and domestic tyrants.

  39. all the above and more. The deaths fo family members due to stres, suicides and homicides and total terror by the banksters on our families, Good hard working families homeless. These criminals should be in chains. A complete continuous chain of links between each leg, with a ball and chain attached for every false fraud doc and allonge they fabricated and falsely swore to. That would be cruel because they would be crushe by the weight for everyones lives they have ruined.

  40. Can’t get the link to post see Fireclosure fraud

    Categorized | STOP FORECLOSURE FRAUD
    Obama: Wall Street Did Nothing Illegal
    Posted on04 December 2012.

    by TheYoungTurks
    In a 60 Minutes interview President Obama addressed financial reform and argued that Wall Street bankers could not be prosecuted because they technically did nothing against the law. The Young Turks host Cenk Uygur begs to differ.

  41. Consider damages aside from my retirement Plans
    The home the credit score the loss of good credit reputation the stereotyping in the workplace if you have a bk forget promotion they don’t know why, its certainly not because I’m a deadbeat quite the opposite. The legal abuse is another thing. The emotional and spiritual battering. And the pursuit of happiness is grounded until the fight is over. We all had out pursuit of happiness negated. It’s evil does as evil is. Ive seen too much of the suffering alreAdy.

  42. YES the key is debt we really owe, to whom and has it been voided due to the banksters own hands commiting CPA violations and fraud? Due to their ponzie schemes against society? The banksters may owe us more money than we allegedly owe them. And then there is this crime: Economic harm ! Look up the Wall Street and the Financail Crisis: Anatomy of a Financial Collaspe. Who owes whom? We homeowners never asked for this unconscionable crime against us. We just want to work hard and pay our bills. Not be fighting a huge crime against us. This is no fun and not a free house like some think. This is a real life hellish nightmare families are going through. Our children and families will be effected by this crime for decades. Many of us have financially suffered for generations due to this crime. This crime has gone on for centuries. So who really owes who? The banks owe for their crimes. And more than the house is worth.

  43. @Bob , debt we truely owe, assuming there was a god faith all things on the up n up good faith contract – based on material facts being true ab initio of the deal. ok so they take the home, who ever they are, and we dont really know for sure, never can give you a satisfaction of the mortgage paid in full end of the line deal satisfied on both ends.

  44. http://foreclosuredefensenationwide.com/?p=393 Regarding Deutshe Bank Nat’l Trust and Chase and WAMU and the FDIC

  45. tried to send this earlier and can not for some reason without coping the entire article.
    Secret FDIC & JPMorgan Chase Bank 118 Page Purchase and Assumption Agreement for Washington Mutual Bank Uncovered

    Posted on June 21, 2012 | Leave a comment

    Rate This

    Deontos
    9:58 PM (2 hours ago)

    to me
    -M
    Just saw you posted on WAMU PAA
    controversy

    THANK YOU

    I have been met with skepticism regarding
    the relevance or importance of these
    developments. I am genuinely surprised
    as this appears to me to possibly be
    an important event.

    I went to the courthouse and read the
    files. I went to the Appellate Court
    and read the files. I got copies
    personally from all locations.

    One prominent person said this
    was the spread of DISINFORMATION.
    Well OK then I am a MAJOR chump.
    I am only reporting what I saw with
    my own eyes in the files. Hoping
    to make a contribution. We’ll see
    how it plays out! In the meantime
    there is another document that surfaced.
    I will post more documents as they come
    my way in the scribd collection.
    NEW DOCUMENT.

    97851793-6-Case-File-Montana-Paatalo-v-J-P-Morgan-Chase-Motion-to-Re-open-Discovery-Re-Inspection-of-118-Page-Wamu-PAA

    http://victoryoverchase.blogspot.com/2012/06/fdic-jpmorgan-chase-bank-secret-118.html

    http://www.scribd.com/collections/3675055/Secret-FDIC-and-JPMorgan-Chase-Bank-118-Page-Purchase-and-Assumption-Agreement-for-Washington-Mutual-Bank

    I have said many times on this blog, why would the federal regulators help the homeowners specifically if the Federal Reserve Bank is a private enterprise for profit?.
    Why would the FDIC ever assist the court to uphold the law? when the whole system is rigged to start with, in the favor of the too big to fail banksters.

    Smoking Gun or Another Murder of Crows? You be the judge.

    QUESTION — Are the FDIC and JPMorgan Chase Bank and their attorneys keeping secrets and playing destructive games with the lives of good decent Americans across the land that results in their stealing homes and damaging forever lives and communities? Are they in fact hiding the true agreement (PAA) for the assets and liabilities of Washington Mutual Bank, the failed bank seized by the Office of Thrift Supervision and placed in Receivership with the FDIC who sold WAMU to JPMorgan Chase Bank NA on the very same day?

    Repeatedly homeowners in foreclosure and their attorneys have questioned the veracity of the 39 page Purchase and Assumption Agreement between the FDIC and JPMorgan Chase Bank, NA for Washington Mutual Bank that Chase, the FDIC, and their attorneys represent to be the real PAA. They have used this 39 page document in courts of law to reap all of WAMU’s benefits without bearing any of its burdens in courtrooms, federal and state, throughout the United States.

    Attorney Vernon Bradley of Sausalito, California, recently filed a lawsuit to stop a foreclosure action on behalf of the Plaintiff, Scott Call Jolley, against Chase et al in California Superior Court in Marin County, California and it is under appeal. This case and the revelations that have come to light through Appellant’s Opening Brief filed with the California Appellate Court points to the existence of a different PAA that consists of 118 or so pages as revealed in the deposition and declaration of Jeffrey Thorpe, whose credentials make him a reliable witness. (see below excerpts from Appellant Brief.)

    Appellant’s Opening Brief presents a strong argument that the FDIC and JPMorgan Chase Bank NA entered into an 118 page Purchase and Assumption Agreement, rather than the PAA being circulated through the courts in foreclosure cases throughout the United States federal and state courts.

    If in fact this 118 page PAA exists, can one conclude that the Respondents and their attorneys have perpetrated a possible fraud on the court and that this possible fraud extends to foreclosure lawsuits (past, present, and future) throughout the United States? And if so, what can be done to help these homeowners who were possibly victimized by judges who unwittingly relied on the purported 39 page PAA to seize and sell their homes? What will these judges have to say about this serious misrepresentation of the PAA if found to be true? Will these victimized homeowners be recompensed for the damage caused to them financially and personally? Will the courts take another look?

    Below is information obtained through court proceedings. Please read this post in its entirety.

    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    FIRST APPELLATE DISTRICT, DIVISION TWO

    SCOTT CALL JOLLEY, Plaintiff and Petitioner/Appellant,

    vs.

    CHASE HOME FINANCE, LLC, a Delaware Limited Liability Corporation and successor in interest to WASHINGTON MUTUAL BANK, F.A., a Washington Corporation; CALIFORNIA RECONVEYANCE COMPANY, a
    California corporation, and DOES 1 through 100, inclusive,

    Defendants and Respondents.
    Appellate Docket No. A134019
    Marin County Superior Court
    Case No. CIV1002039

    APPEAL FROM THE JUDGMENT OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF MARIN
    Hon. Lynn Duryee, Judge
    Phone: (415) 444-7221

    Appellant’s Opening Brief in Jolley vs. Chase Home Finance LLC et al filed by the Law Offices of Vernon Bradley in Marin County, California presents a strong argument that the FDIC and JPMorgan Chase Bank NA entered into an 118 page Purchase and Assumption Agreement, rather than the PAA being circulated through the courts in foreclosure cases throughout the United States federal and state courts.

    The brief states:

    “On April 19, 2010, Petitioner Scott Jolley‘s Complaint Case No. CIV1002039 was filed in the California Superior Court in Marin County, California. On April 20, 2010, Petitioner obtained a temporary restraining order prohibiting the scheduled trustee‘s sale and thereafter obtained a Preliminary Injunction continuing that relief upon posting a $50,000 bond with the Marin County
    Superior Court. Petitioner opposed a summary judgment motion brought by Chase and California Reconveyance. The Honorable Judge Duryee took the matter under submission after the hearing, on November 15, 2011, and grant summary judgment in favor of Defendants/Respondents on December
    1, 2011. Judgment was entered the same day thereby immediately dissolving the preliminary injunction of August 20, 2011. On January 25, 2012, Petitioner filed this appeal along with a writ of supersedeas requesting an immediate stay to protect his real property against an impending foreclosure and trustee sale. Since the trial court seemed unreceptive to Petitioner’s need for a continued stay during the summary judgment hearing, Petitioner did not formally seek a stay from the trial court because such efforts were clearly futile and the law does not require a litigant to engage in such useless endeavors (please see the accompanying writ reply). Petitioner now files this opening brief along with a reply in support of the writ of supersedeas and stay.

    “Petitioner Jolley and Washington Mutual Bank (.WaMu.) entered into a construction loan agreement which expressly provided that the covenants and agreements of this Security Instrument shall bind the successors and assigns of Lender [WaMu].

    “Surprisingly, Respondents now erroneously claim that Chase bears no successor liability for WaMu’s torts and contractual breaches arising from that agreement even though Chase continues to enjoy all of the associated benefits. Respondents mistakenly believe Chase is insulated from successor
    liability because WaMu subsequently went into FDIC receivership and Chase allegedly took all of WaMu’s assets from the FDIC under a Purchase and Assumption Agreement (PAA) that supposedly allowed Chase to reap all of WaMu’s benefits without bearing any of its burdens.

    “However, under California and federal authority Chase is legally required to step directly into the .shoes. of WaMu, to take the place of WaMu, and to remain fully liable for all torts, breaches of
    contract and other .sins. committed by WaMu for several reasons.

    “First, because the parties’ contract expressly provided that the covenants and agreements of this Security Instrument shall bind . . . the successors and assigns of Lender [WaMu]. and the FDIC was statutorily required to step directly into WaMu’s shoes, all of the FDIC’s .successors and assigns. were also obligated to take WaMu’s assets subject to its burdens since the FDIC failed to exercise its special rescission powers and never issued any rescission notice to Petitioner as required by law (see
    below). As explained in the declaration of Petitioner’s expert, Jeffrey Thorne, the FDIC had opened an escrow and were supposed to send out notices of repudiation/rescission to Petitioner and other borrowers within 90 days or another reasonable time, but the escrow closed so quickly that
    the notices were never sent by the FDIC. Therefore, as discussed below, the FDIC always remained subject to the terms and conditions of Petitioner’s loan contract, including the requirement that Chase, as the .successor and assign. of the FDIC/WaMu must be bound by the contract and .take the
    place of. the FDIC/WaMu to bear all associated burdens.”

    Appellant’s brief further asserts the following:

    “Second, according the compelling deposition testimony and declaration of Mr. Thorne, the actual, full and complete PAA (118 pages) makes Chase liable for all torts and contractual breaches by WaMu in stark contrast to the identically named public document (34 pages) posted on the internet.”

    “The record is full of competent and convincing evidence to support this fact, including, without limitation, the deposition testimony of Mr. Thorne (Thorne Depo,. CT 69-88, Pgs. 37, 70-73 ) as well as his sworn declaration (Thorne Dec,. CT 53-59). This evidence cannot be lightly dismissed since Jeffrey Thorne is a highly credible expert witness who swears under penalty of perjury that he actually read the real PAA and it does not absolve Chase of liability for WaMu. More specifically, Mr. Thorne’s declaration reads, in pertinent part, as follows:

    “1. Currently I am employed as an asset manager for the FDIC through a contractor for the FDIC, RSM McGladrey Inc. I am intimately familiar with the procedures for taking over a failed bank
    and the required notices that must be given to insulate the buying bank from liability for the original loans of the failed banks.

    “2. When Washington Mutual failed, I was involved in the takeover of Washington Mutual by FDIC and the escrow that was opened to sell Washington Mutual to Chase Bank. I was uniquely
    positioned to be involved in what was known as .Bank No. 26 takeover. as I had previously worked for Washington Mutual, heading their Construction Lending Department for 38 states.”

    “4. Within the takeover procedures by the FDIC, the FDIC will enter into an agreement with the succeeding bank. In this instance the FDIC entered into an agreement with Chase Bank. But because of the nature of the transaction, the FDIC guaranteed 80% of the loans, while Chase only assumed 20% of the potential losses on the loans. Pursuant to the public part of the agreement with the FDIC, of which were approximately 39 pages, the balance of the contract and the complete agreement with the FDIC and Chase bank is 118 pages long which has not been made public. I am familiar with this agreement, I have read it, I was involved in the takeover of WAMU with the FDIC, and the balance of the agreement imposes liability on Chase for ongoing contracts with WAMU. Chase took liability for the ongoing contracts in return for getting an 80% discount on the loan‘s principal owed. Essentially, Chase Bank traded their right to cut off all liability on WAMU‘s end for money and a good deal.

    “5. Chase assumed the rights and benefits owing to WAMU under its outstanding contracts with its customers. Because of the favorable guarantee from the FDIC, they also agreed to assume the
    liabilities flowing from the WAMU contracts.

    “6. From 2002 to 2006, I was senior loan consultant for WAMU.”

    Furthermore Appellant’s Brief states the following:

    “Mr. Thorne’s testimony is further bolstered by the FDIC’s tacit admission that the document exists, i.e., when Petitioner’s counsel sought the smoking gun document by subpoena, the FDIC’s agent told Petitioner’s counsel that the document could only be obtained after all parties and the trial judge executed a comprehensive stipulated confidentiality agreement and protective order barring dissemination outside of this case. That response indicates something is being hidden.

    “More specifically, on or about November 7, 2011, a request of the full and complete PAA from responding party was made orally, responding party denied the existence of such document. On November 8, 2011, a request for the same document was requested from the FDIC. The FDIC
    refused to provide the document but alluded to its existence by requesting Petitioner provide for the specific portions in which he was seeking, and further advising that the FDIC would redact portions of this agreement. On or about November 8, 2011, a request by subpoena was made to the FDIC, and again the FDIC refused the request and asked Petitioner‘s Attorney to submit to a protective order with a stipulation from all parties. See emails C.T. 142 – 143. On November 9, 2011, Petitioner requested, in writing, the full 118 page contract from Responding party and asked Respondent’s counsel to sign the FDIC’s stipulation. These requests were immediately denied. Petitioner‘s Attorney was then forced to seek ex parte relief from Judge Duryee of the Marin County Superior Court to have all parties execute the stipulated protective order so that the true PAA could be obtained and to continue the jury trial until Petitioner had a fair chance to seek that dispositive evidence. Judge Duryee ignored these requests.

    “Perhaps because of Mr. Thorne’s unique qualifications and personal knowledge of the crucial facts, this is the very first case to bring this evidence to light. Previously, Chase mislead courts across the country with the abridged version of the PAA, so case law developed in reliance thereon cannot be deemed valid. It was also reversible error for Judge Duryee to accept the truth of matters asserted in the contested document, i.e., that Chase was absolved of liability. At the very least, Petitioner should be allowed a fair opportunity to finally overcome discovery stonewalling and obtain a copy of the document pursuant to CCP §437c(h), which reads: .If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had or may make any other order as may be just. (emphasis added). Accordingly, it was reversible error to simply ignore Petitioner‘s request. Alternatively, Petitioner should have
    been allowed to have a jury of his peers evaluate the credibility of Mr. Thorne and Chase’s experts on this crucial factual issue.”

    Apppellant’s Brief argues the following:

    “Alternatively, Chase’s successor tort liability also exists under the general rule that a purchaser assumes a seller’s liabilities when (1) there is an express or implied agreement of assumption, (2) the transaction amounts to a consolidation or merger of the two corporations, (3) the purchasing
    corporation is a mere continuation of the seller, or (4) the transfer of assets to the purchaser is for the fraudulent purpose of escaping liability for the seller’s debts. Id. At 28. The .mere continuation. ground for liability exists due to Chase’s acquisition of all WaMu’s operating assets, its use of those
    assets and of WaMu’s former employees to maintain the same line of .financial products,. its holding itself out to customers and the public as a continuation of the same enterprise under a new name, its failure to provide

    “WaMu/FDIC with adequate consideration to meet claims of unsecured creditors (a factual determination subject to disputed material facts); the fact that one or more persons were officers, directors, or stockholders of both WaMu and Chase (a factual determination subject to disputed material facts).2 Id.

    “2 The last two facts are based on Appellant’s information and belief. Further expert analysis of the
    underlying transactions will be required to verify these allegations. However, since expert
    discovery had not closed before summary judgment, the disputed nature of these facts should
    have been ground for denial of summary judgment.

    “Moreover, the powerful deposition testimony and declaration of Jeffrey Thorne created triable issues of material fact as to whether Chase defrauded and deceived Appellant and the general public by concealing the true purchase and assumption agreement wherein Chase retained full liability for WaMu’s torts and contractual breaches in exchange for other favorable terms. Mr. Thorne is uniquely qualified to present evidence on this issue and he had personally read the .smoking gun. document so Appellant was entitled to have a jury evaluate credibility regarding this crucial fact, which would clearly preserve Chase’s liability for WaMu’s misconduct.

    About these ads

  46. To many judges I should say, we have our great judges also like Schack and more however t omany judges see nothing unethical in fruad by the banks and ruling by unconstitutional law/bank law and not the rule of law. By biased opinion. and breaching their oath of office.

  47. Bob Hurt The judges dont seem to have a problem allowing the bankster steal houses they dont own. and for free on illegal creit bids. No money what so ever .

  48. That would be so bad if she takes the fall for all these banksters and then is pardoned in four years.

  49. i would think all these lawsuits would cause Brown to turn state witness to prevent living out her last years in jail. Unless the president plans to pardon her on his last days of office.

  50. You know how judges feel about letting mortgagors off the hood for a debt they truly owe.

  51. Correct typo..should have read… Mersman -v- Werges and another……

  52. Bob Hurt… The banks broke many laws, and committed numerous felonies to hide the fact they are in Default, in our names, with our forged signatures, and are in Dishonor, by Gross Negligence, and by Conversion, Deception and Concealment are Racketeering to gain unjust enrichment. even if the Originator “found” the originals, “A material alteration of a written contract by a party to it discharges a party who does not authorize or consent to the alteration, because it destroys the identity of the contract and substitutes a different agreement for that into which he entered.” (Mersman -v Wedges and another; 112 U.S. 139, 5 S. Ct., 65, 28 L. Ed.641,1884).

  53. aLSO LOOK UP THE CHASE WAMU EXTENTION ASSUMPTION AGREEMENT: http://victoryoverchase.blogspot.com/2012/07/is-this-secret-wamu-purchase-and.html

  54. The Lawrence Nardi Deposition is hard to find. He was in the litigation department for Chase to put litigation docs together and states out of thousands of docs he never saw a note or allonge or assignment from WAMU, they simply do not exhist. page 260-261.
    http://www.stellionata.com/in-the-news/38-headlines/7662-120509-jpmc-v-waisome-lawrence-nardi-deposition
    Also look up Deutsche Bank Nat’l Trust V FDIC,WAMU,Chase Where Deutsche Bank claimsby their own hands that the FDIC,Chase And WAMU never transferred the notes timely therefore the notes are faulty Invalid by NY contract PSA law. Chase rply to Duetsche is Chase never purchased the loans, only assumed servicing rughts. (By their own hands. ) Then in the cases you see the lawyers never mention the extentioin of the assumptiion agreement that put it past the ninty days and that many pages of the assumption agreement are missing and was never completed.

  55. iwantmynpv,

    I hate ask but… what are you referring to?

  56. […] problem you hinted at today with your LivingLies blog entry preoccupies my thoughts. The mortgagees must cram down the loans to present market value minus […]

  57. Dear Neil Garfield:

    The problem you hinted at today with your LivingLies blog entry preoccupies my thoughts. The mortgagees must cram down the loans to present market value minus paid-in equity and refinance at 3% for 30 years. No other equitable solution exists in the lender-driven financial crisis. The mortgage industry operators, loan brokers, realtors, appraisers, etc., all conspired to cheat buyers/borrowers for residential real estate purchases and corresponding loans. They overvalued houses, doctored loan applications, and made predatory loans to people they knew could not repay. The Financial Crisis Inquiry Commission Report illustrates this clearly. So, courts can and should order cram-downs as EQUITABLE remedies for homeowners.

    The foreclosure mess brought on by Docx, while containing many crimes by foreclosure mill attorneys, lenders, trustees, mortgagees, etc, has nothing to do with the cheating that underlies most single family home mortgages for the past 15 years.

    YOU, Neil, should focus your attention on THAT reality – the fraudulent inducement guilt that lenders and their agents bear.

    Why?

    Because IF the note and mortgage have validity, NOTHING changes the fact that borrowers owe the money and must forfeit the house for not making payments. PERIOD. END OF SUBJECT. No matter what defects arise in the foreclosure, lender/assignee/holder can repair it and foreclose. That’s why virtually ALL foreclosures ultimately go through. And that’s why ALL foreclosure defenders commit malpractice for not seeking and finding the tortious conduct, contract breaches, and legal errors underlying the mortgage, and bringing THAT to the court with the FCIC Report to demand a rescission or cram-down.

    I just cannot imagine why you, in spite of your knowledge about this, continue to harp on fighting foreclosures instead of fighting mortgages. You keep asking people to call you for “assistance with presenting a case for wrongful foreclosure.” You recommend bankruptcy by writing “Chapter 11 may be easier than you think.” But the Office of the Comptroller of the Currency (OCC) has declared bankruptcy to stave off foreclosure a mortgage rescue scam. Does that mean YOU are a scammer?

    Do you actually take referral commissions for sending clueless, desperate foreclosure victims to your network of malpracticing foreclosure defense lawyers? Would you mind telling me exactly how many of your clients have gotten a cram-down, cash settlement, or their houses free and clear by fighting the foreclosure with your schemes?

    Excuse me a moment while I conjecture: ZERO.

    The foreclosure ALWAYS goes through to completion and the foreclosure defense client always loses the house. The methods of foreclosure defense have a miserable failing record. They leave the borrower owing a huge judgment lien derived from mounting interest, and plaintiff costs of recovery and legal fees, plus outrageous defense lawyer fees.

    Only one approach will win the victim’s house free and clear or a cram-down refinance: a proper, professional, hilt-deep examination sword that finds the causes of action against the lender for fraud, torts, breaches, and errors underlying the mortgage. That and ONLY that will give the victim a win.

    WHY? Because these borrowers became MORTGAGE VICTIMS before they became foreclosure victims. Mortgage victims can use the courts properly to redress their injury, and thereby undo the mortgage and obtain compensatory and punitive damages like this. Foreclosure victims cannot undo anything, and they always lose the house. And neither you nor your lawyer referral network will EVER change that stark reality.

    Let me give this to you straight, Neil. Your lawyer network costs desperate mortgage victims $10,000 to $50,000 by defending an indefensible foreclosure. The client loses the house and owes a massive judgment lien that endures for 20 years. And your lawyer network never bothers spending money on a professional mortgage fraud examination.

    Suppose a client comes to a lawyer asking for help regarding a lenders accusation that the client breached a contract. What SHOULD the lawyer do?

    1. Charge the hapless client $30,000 to fight the errors in the lender’s foreclosure effort, and still lose the case? Or
    2. Investigate the contract and related papers for causes of action against the lender, and get a cram-down and house free and clear for the client at lender expense?

    Which of those makes most sense? Which of these constitutes the lawyer’s PRIMARY legal duty to the client? Does it not constitute a form of malpractice for the lawyer to FAIL to do #2 above? I think you know the answer to that simple question.

    To any MORTGAGE VICTIMS who read this: I suggest you stay away from Neil Garfield. He’s a nice man and puts a lot of effort into his blog as an advertising gimmick. But he leads you to ZERO REMEDY, straight into forclosure finality where you will lose your house and end up owing a whopping judgment lien, or into a horrible loan modification leaving you owing double the value of your house and a whopping balloon.

    Instead of going through that nightmare, CALL ME and arrange a MORTGAGE FRAUD EXAMINATION that can result in you getting your house free and clear like this mortgage victim did:

    http://wvrecord.com/news-2580/233771-quicken-loans-on-losing-end-of-3-million-predatory-lending-verdict
    Quicken Loans on losing end of $3 million predatory lending verdict
    March 3, 2011 7:58 AM
    By KYLA ASBURY

    WHEELING – An Ohio County judge has ruled against Quicken Loans in a $3 million predatory lending case.
    Circuit Court Judge Arthur M. Recht concluded an eight-day trial that spanned 17 months by awarding punitive damages, attorney fees and costs to mother and daughter Wheeling residents Lourie Jefferson and Monique Brown.
    The award of more than $2.1 million in punitive damages, along with attorney fees and costs, brought the total verdict in the case against Quicken Loans to more than $3 million.
    Jefferson and Brown also had previously reached a settlement for a confidential amount with the loan appraiser.

    If you want this kind of result, CALL ME. 727 669 5511

    I’ll explain the mortgage fraud examination requirements and strategy in detail, and tell you what kind of legal assistance you need.

  58. @ Christine – I would like a copy of the deposition sent to me at: tenbips@yahoo.com.i would also like to know if the deposition mentions,or the case exhibits includs a copy of the complete Purchase and Assumption Agreement.

    I find it difficult to believe the FDIC and JP Morgan did not set up an SPE to wash the loans through, with some of the assets going direct to the JPM balance sheet and the notes being bled through teh SPE onto the subsidiary balance sheet to retain tax priviledge and reclamation on losses via balance sheet derivatives and FHLB advances sucked up through stock purchase / financing.

  59. Stop the Corporate Bankster bullying now
    http://www.latimes.com/news/local/la-me-loft-squatter-20121202,0,2916945.story
    NEVER AGAIN

  60. Tell the judges all of the laws these crooks broke. Serve the rule of law up to them and the bankster attorneys and invoke your Constitutional rights ….. all of your legal rights as Natural Born U.S. Citizens. Membership has its priviledges. I want to here the judge dare deny WE THE PEOPLE our Constitutional rights or any of our Legal rights & don’t be fooled…WE THE PEOPLE have many…..#1…the 9th Amendment …I want to hear the judge tell me ….Amendment 9…the maker of the notes, that I have no Constitutional or Legal rights right in front of the banksters….the lawyers….and the cop..

    BTW…CNBC saying Walmart is going to be giving non-bank loans….? Say what….? WTF…IS THAT…?

  61. So my question is how do we make them
    The forums we have are the forums we have
    Until that’s exhausted it’s not over. I believe the rule of law is the rule and I believe the truth is the truth , and the law is the law. What ever happens if it’s not the above then what more can a law abiding person do.

  62. What the judges need to get and quickly: their pensions are mostly funded with MBS’…they are junk bonds in a nutshell, worthless. Then there are over 39 trillion in CDS’ out there…that will come due. Judges need to get their proverbial heads out of their asses. They are next in the food chain!

  63. Local news reporting Lake Michigan is shrinking. The reason….the bottled water companies are siphoning off our greatest natural resource…our lake water for profit….they are shipping and selling it nationwide and to the foreigners as well.

  64. I agree….. these crooks are bankrupting the American people and the judges are getting screwed by these crooks as well. The judges should step down and stop fraudclosing because by robbing us, they are robbing themselves.

  65. My question has always been: What do the judges get for finding against the homeowner? We know their pension plans are in Mortgage Backed Securities which is a conflict of interest. I’ve got news for them: the pension funds are being dinged big time.

  66. If that were Neils agenda….I wouldn’t be blogging here now would I ..? So, if you feel sorry for the judiciary for robbing the American people blind….you need to go somewhere else….and poster your lies.

  67. “So get a clue, or take your agenda somewhere else.” Neil’s website, Neil’s agenda. If you don’t like it, move on and go pester other people.

  68. The overburdened judiciary ..? How about if the judges followed the rule of law, they wouldn’t be overburdened and there would be no fraudclosures. Speculation by judges that these mortgages & notes exist with no proof of claim….judges are taking copies of unindorsed notes….they know damned well were cashed….and copies of illegitimate contracts…and allowing the Federal Government to counterfeit and forge our signatures to outright steal our property when they never lent a dime and pocketed every goddamned payment they weren’t owed as usury….is outright criminal. This reeks of a vast civil conspiracy. So get a clue, or take your agenda somewhere else.

  69. Write the mortgages down to what value? These crooks illegally pocketed gazillions in payments they were never owed. Tell the banksters to pay the principal back to the Treasury and send us clear title and restitution for unconscionable, unconstitutional, illegal and criminal behavior committed in our names against us, with our signatures, without our knowledge because they have caused permanent damage and that by their criminal negligence and by a vast civil conspiracy, they have inflicted negligent infliction of emotional distress upon the American people.

  70. […] Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: Brown, Docx, Felonies, Michigan, Robo-Signing, surrogate signing Livinglies’s Weblog […]

  71. EXPERT WITNESSES: Fraudulent Assignments of Mortgage are Void
    Posted on November 30, 2012

    Good information sometimes bears repeating.

    BearThe over-burdened judiciary isn’t always up to speed as quickly as it ought to be and good case law doesn’t always make it to the top of the pile for the clerks to review and digest. Even good attorneys occasionally miss pertinent material.

    So, let’s go back to about 2 years ago when Yves Smith, who is an absolutely brilliant author and blogger of “NakedCapitalism” and 4closureFraud, truly a leader in the foreclosure defense blogging pack, wrote about an Alabama securitization case named U.S. BANK v. ERICA CONGRESS.

    Of course the case went to appeal and the outcome of the appellate decision was a unanimous decision, the Alabama Court of Civil Appeals reversed a lower court decision on a foreclosure case, U.S. Bank v. Congress and remanded the case to trial court. The reasons hinged upon 2 superb expert witnesses. The Alabama Court of Civil Appeals opined:

    “Congress challenged that evidence by presenting the testimony of Thomas J. Adams, an expert in mortgage securitization, who stated that the fact that the allonge was physically located in a different part of the custodial file indicated to him that it had been created at a later time. In addition, as the trial court noted in its judgment, there was some confusion regarding where the custodial file was actually kept pending GMAC’s request for the file, which, the trial court stated, at least indicated “an opportunity for the documents to be altered or manipulated.”

    Read the rest here
    http://deadlyclear.wordpress.com/2012/11/30/expert-witnesses-fraudulent-assignments-of-mortgage-are-void/

  72. Just need a few more good men like shackster

  73. Posted: 8:29 a.m. Sunday, Dec. 2, 2012

    Bank backtracks after improper foreclosure

    By J. Scott Trubey

    Andu Trisa Long thought her home had been saved.

    Unemployed for nearly a year, she had fallen behind on her mortgage payments after burning through savings. Through a state-run, but federally funded program, her mortgage company would be receiving thousands of dollars in taxpayer money to stave off foreclosure.

    But, as the 54-year-old Mableton woman stood in her foyer one October afternoon, she could hardly believe what she was reading. It was an eviction notice and offer to give her as much as $3,000 if she quietly moved out of the house she built with her husband in 1999. Just leave the keys, the letter from law firm Pendergast & Associates said.

    In the coming weeks, the state would wire CitiMortgage, the servicer for her loan, at least $13,000 to make Long’s mortgage current. But unbeknownst to the state or Long, Citi had already foreclosed, despite reaching an agreement with the program, known as Homesafe Georgia.

    Long’s foreclosure shows just how little protection Georgia consumers really have. Even when they’ve been awarded state and federal assistance, homeowners can get caught by a foreclosure machine with little oversight or repercussions for errors…

    Read the rest here http://www.ajc.com/news/business/bank-backtracks-after-improper-foreclosure/nTLFP/

  74. New York Mtge. Trust, Inc. v Dasdemir | Judge Schack SLAMS MERS for lacking authority to assign the mortgage and note, Conflicted Possible Robo-Signer Nathan Reese – 2012-12-01 19:26:16-05

  75. Ridiculous! Brown doesn’t have the money to compensate anyone and she was only a co-conspirator. If the idea is to make an example, at least choose someone with clout and enough money to make it worth our while.

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