Foreclosure Bid Rigging at Its Worst: Tiffany and Bosco Reportedly Worst Offender

Challenging the Foreclosure Auction Process

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The selection of an attorney is an important decision  and should only be made after you have interviewed licensed attorneys familiar with investment banking, securities, property law, consumer law, mortgages, foreclosures, and collection procedures. This site is dedicated to providing those services directly or indirectly through attorneys seeking guidance or assistance in representing consumers and homeowners. We are available to any lawyer seeking assistance anywhere in the country, U.S. possessions and territories. Neil Garfield is a licensed member of the Florida Bar and is qualified to appear as an expert witness or litigator in in several states including the district of Columbia. The information on this blog is general information and should NEVER be considered to be advice on one specific case. Consultation with a licensed attorney is required in this highly complex field.

see also http://livinglies.me/2013/04/04/banks-could-owe-trillions-on-fake-rigged-credit-bids/

Editor’s Analysis: The piece below is a report from our best investigator doing some work in Arizona. If you want to hire him, just contact us and we will put you in touch with him. The emphasis is added by me.

The report speaks for itself, but there clearly is something wrong with the operation of a system that allows for bidding without proof of loss, without paying the $10,000 required as earnest money and without any transparency.

The auctioneer, selected by the substituted trustee who was substituted usually by a fabricated document claiming false authority and forged by someone who may never have existed, is clearly the paid underling of the banks that ordered the foreclosure with perks offered at the end of the auction process for those who want the house in question.

Despite numerous law-breaking allegations and even proof of violations of the notary laws and recording laws, Tiffany and Bosco continue to practice without any impediment. You can thank the DOJ and AG Holder along with the Obama administration for establishing a climate where crime and moral hazard run rampant.

More importantly, while the bids and value of the notes are manipulated to be in conformance with what is reported to Wall Street investors (as pointed out by Charles Koppa), they still have no jumped the hurdle of having a non-creditor bid at the auction and are essentially hoping that the passage time will overcome any claim that they should have paid cash. It is for this and other reasons that we believe that both the substitute trustee and auctioneer, individually and as representative of the company that sent them to the auction have exposure to liability and if the right fact pattern emerges from all this, they should be sued and prosecuted.

Fundamentally the strings are being pulled by Wall Street banks who are so far successfully avoiding trillions of dollars in liabilities for paying cash on bids made on their behalf but for which there was no consideration in the form of the debt or the cash required by statute.

In my opinion those banks are extremely vulnerable to this challenge and the piercing of the corporate veils and ladders and layering will be relatively easy. There is gold in these hills for both evicted homeowners and lawyers who represent them. The pot can be measured in the trillions of dollars.

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Hi Neil,
I have digitally recorded, at the request of a client, FIVE Tiffany & Bosco trustee sales from beginning to end.  My declarations regarding these trustee sales are now part of the record in a BK Adversary Proceeding.

I can state categorically the creditor is never at the auction.

THIS is how it goes at T&B [Tiffany and Bosco].  T&B has an auction list on their web site.  You can print it out on their web site and take it to the auction.

The auctioneer enters the room, sits down, and proceeds to read at LIGHT SPEED the list of properties scheduled for that auction.  All he calls is the T&B internal auction number and the street address.  If a bidder is interested, he yells PULL.  The auctioneer proceeds with the list with a variable number of trustee sales having had a PULL yelled.  The auctioneer then leaves the room and the bidders talk amongst themselves.

The auctioneer then returns with a stack of files, that match the sales that had a yell of PULL.  The other homes on the list are never brought up again.  I have checked the recorders web site and every one of the homes which never got passed the PULL stage had a trustee deed which T&B stated that an auction occurred and the property was sold for cash or, protanto, via a credit bid (which never happened, I have it on tape).

Now, regarding the sales prefaced with PULL.  The auctioneer then starts reading a long trustee disclaimer at rapid speech.  He then calls a property, starts that T&B as trustee for the lender, opens the bid with XXXXXX amount, whatever is listed on the form.  Anyone who wants to bid can not do so but has to have first handed the auctioneer a $ 10,000.00 check.  The auction continues until the last bid is received.  I have checked these properties and the Trustee Deed does match the final amount bid.

HOWEVER, I do not recall, ever, an auction where the sale amount was MORE than the declared amount of the original note (that number is in the sales list).  And I believe I know why.  The Arizona excess funds statute says there are excess funds, only, when the sale amount is HIGHER than the declared value of the original note on the Notice of Trustee Sale.  Therefore, whatever made up amount is on the Trustee Notice controls whether or not there are excess funds.

So, to avoid having excess funds, all a lender has to be is gerrymander the note about, enter whatever credit bid they want, and certainly low enough to encourage a sale, and voila, not a dime back to homeowners, even if they have received payment on the note from credit default swaps, etc.

Finally, the creditor is never there at the sale.  At least in the case of T&B, the creditor has their bid PLACED by the AUCTIONEER when a file is PULLED, or, the credit bid is never even mentioned for properties that are not PULLED!

As an aside, during some auctions, when nearly everyone has left, a couple of bidders would linger behind and when alone with only the auctioneer and ME looking like I am packing to go, the bidders ask for a LATE PULL.  Of course my recorder is still running.  The auctioneer goes and gets the late PULL property files.  He calls an auction and in these case, there is only one bidder who offers ONE DOLLAR above the credit amount bid by T&B on behalf of the lender.  You can draw a conclusion from these collusive late events that is probably entirely accurate.  AND, I have them on tape.

IF you would like a copy of the videos to see for yourself, just ask.

 

22 Responses

  1. There is perceptibly a lot to know about this. I assume you made some good points in features also.

  2. Any new things they are doing

  3. […] Filed under: CDO, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud Tagged: auctioneer, cash bid, credit bid, creditor, debt, foreclosure bid rigging, Mortgage, non-creditor, note, Tiffany and Bosco Livinglies’s Weblog […]

  4. i just re read this investigation,again, i rushed it befor, no shock is it. breakfast auction at tiffanys, please stay for cocktails. the firm i believe is retained by fannie mae, its a long story why they got my former home (did not sell prior to new build being ready, so i had to lease it out- that was 2007 you know the rest… good credit, down payment equity in this home that did not sell, secure job and only had lay person knowledge about banking real estate appraisal ect ect ect) so many were unjustly enriched.

  5. We have forgotten who we are…WE THE PEOPLE …No power is superior to the power of the people in the United States.

  6. Any entity or person re-purchasing their own SECURITIES FRAUDS or purchasing SECURITIES FRAUDS are heinous criminals. Same goes for anyone offering to do a short sale when there is SECURITIES FRAUD on the title and are not disclosing that fact to the property owner…. Same thing goes for those vultures who are buying up fraudclosed properties or investing in them as rentals or collecting rents….these are ACTS OF RICO…. they are engaging in SECURITIES FRAUD..not knowing is not an excuse for not being diligent about what these titles are hiding. Non-disclosure is criminal by it’s deception. Same thing goes for the loan mods and refis….Anyone trying to force you to accept a debt that is a SECURITIES FRAUD or “extinguish” securities fraud in a bankruptcy and are not doing a title search of the title first are not being honest. If the Security does not exist, there is no legal fix for that.

  7. And ” went back to fannie mae” ” sold” for a hell of a lot more than market value,

  8. It’s time to throw all of the investors in anything that effects or puts in peril the Life, Liberty or Property of We The People the hell out of here.

  9. I’d like a copy of the videos please

  10. I know for a fact that bid rigging has been going on in my state for years, even before the foreclosure nightmare and the tanking economy. There are also lawyers here who have purchased foreclosed homes with tainted titles and RESOLD them for a profit.

  11. “I can state categorically the creditor is never at the auction.” In order for someone to be present anywhere, that someone has to… exist.

  12. You hit the nail on the head Charles…their perps are getting big fat kickbacks for stealing from us. It’s Windy City politics gone nationwide. It takes only a little investigating to find these trusts are frauds and who are invested in them. They are hiding inside of lawfirms. The onion has being peeled away. Lots of traitors are involved in this scam to steal our Liberty, Freedom & Independence.

  13. They are stealing and this is not our Government that is doing this because everything they are doing is illegal. They are imposters; fictitious payees…they are third party debt collectors not before the court who cannot be located and are not amenable to service of process. The Issuer of the frauds…..the FED are hiding behind third parties. Whoever they say they are, if the notes are unindorsed…only the trustees…the title companies..agents of the U.S. Treasury can bring a fc and they all stand in the shoes of the Issuer…that is why they are hiding. These are Securities Frauds.

  14. stripes your dead on, as in the case of a RICO at Ginnie Mae is the kingpin and directs it underling in seperate corporations in MERS and servicers to conduct the illegal act as Ginnie Mae appears to be out of the loop. This is Al Capone 101, and what he was able to be prosecuted with.

    Ginnie Mae get a kick back from the servicer after the property is foreclosed and pays the “investors”. We could take this a step further and say the the ‘investor” who are purchase the MBS in the Federal Reserve Bank with is actually the seed money to create the home loan to create the securities, so that the Federal Reserve is protected at 100% by the America tax payer.

    The Fed print the money out the blue, and need a vehicle to hide the fact the money out of thin air, yet put the taxpayer on the hook for the risk we are experiencing now!

  15. They destroyed the legal agreement…the torts to the contracts and never informed us of the Alterations by U.S. Mail..the contracts and notes were destroyed upon any unauthorized change without our consent or notification there was no legal authorization. They never sent us a Notice of their Default on the contracts. These were fraudulently induced, non performing contracts. There is no security.

  16. why isn’t this being reported to the AZ AG?

  17. Without the Security, the former & the latter are Securities Frauds…a nullity.

  18. Because most don’t understand the Ginnie Mae process and government insured loan are only a max of 20% of the foreclosures, Ginnie Mae been flying under the radar.

    But what built into the Ginnie Mae scam is that they had a guaranty mark in FHA & VA to purchase these soured product in an already agreed upon price, plus there and insurance claim in addition too this pot of gold.

    The thing about the Ginnie Mae crime is you don’t have to search for the player as they are as clear as the hand on your arm. We know that every single Ginnie Mae pooled loan, had to have the blank Notes relinquish to Ginnie Mae which is a point of no return.

    Once the Note in its blank form is in the custodian for a second without the debt being purchase by the current possess, then the deal is done and that debt is forever gone as it cannot ever be reunited with the Note again.

    MERS get involved and act as the beneficiary for the lender, however the elephant in the room is that there is no lender because Ginnie got the Notes that can never again be transferred as the possessor has no powers under the document that no longer a Note as it does not carry with it the mandatory debt requirement and lender possessing both at the same time.

  19. You guys never return calls in California. Why do you bother posting ” if you need representation…….” I had so many stuff to share as to their fraud and corruption.

    Sent from my iPhone

  20. Hello,

    I have called and left voice mail a few times but no one has gotten back to me. I need help in finding an attorney here in Pennsylvania. Do you litigate in Pennsylvania or know anyone who does?

    Thank you.

    Jill

  21. These are Acts of RICO if they don’t hold the Security and they don’t because they never created the Security and perfected the lien as the law requires. They never had Control of the Instruments because they never Performed on the contracts. Collecting and payments is not Performance….it is theft. They collected usury that was excessive & abusive. What they are hiding is they destroyed the notes and the contracts upon the Issuance of their fraudulent credit slips.

    These investors are big swindlers and are always on the take. They are buying up Securities Frauds by proxy and renting them and selling investments in rentals of our stolen property. This was already reported by FOX Biz…This is a nation of renters scam and these sheisters never pay for anything….they paid to play by investing in everything we pay for. These politicians are to blame. They are Investors in this scam and all of the scams. They are Traitors…Imposters & Felons .

  22. THEY TOOK MY HOME TOO…

    “I God We Trust” All others pay CASH!

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