Beth Findsen, Esq. in Scottsdale, Az posted an article on her blog back in February revealing that after 10 years+ the Department of Justice is finally examining the validity of the papers filed by the banks in support of purported foreclosures on behalf of ghosts. Beth is a realist as well as an idealist. And her skills as an attorney are second to none.
While the DOJ is always slow, they frequently get to the bottom of things when they put their minds to it. The prosecution of individuals working for the Banks may just be around the corner. Apparently there has been a serious on-going investigation since 2014. If an indictment follows, it will shake the entire foreclosure process to its core. If there is a settlement, then it will probably stay business as usual.
This is not the first case where a US Trustee in Bankruptcy has questioned the authenticity and validity of documents supplied by the banks. But it seems to be a more serious issue now as they continue to piece together whether the claims filed by banks as Trustees, servicers or agents are real. If they are not they are committing fraud on US Bankruptcy court which is a federal crime for which plenty of people have gone to jail.
The importance in bankruptcy cannot be overstated. The size of the bankruptcy estate is affected. On the asset side you have the house and its fair market value at the time of filing or the time of appraisal. On the liability side you have a party who claims to be a creditor but isn’t a creditor. Then you have John Does whose money was used without their knowledge in connection with the origination or acquisition of the alleged loan. And finally you have a prospective liability that either is secured or is not secured. This could affect everything from motions to lift stay to adversary actions.
Interesting parts of the article include
Although the investigation involves the case of only one homeowner in Connecticut, a court document filed on Jan. 26 by the United States Trustee’s Office said it wants to elicit information about Deutsche Bank’s practices in general in foreclosure cases.
In recent months, the office has stepped up efforts around the United States to block banks and law firms from using false or fabricated documents in home foreclosure actions. The effort follows disclosures in October 2010 of large-scale “robo-signing”, the mass signing of foreclosure affidavits containing “facts” that had never been checked, and wide production of false mortgage assignments.
The Jan. 26 court motion stated that “The United States Trustee has reviewed the documents filed by Deutsche in this case and has concerns about the integrity of those documents and the process utilized by Deutsche in” filing to foreclose.”
From Reuters:
April Charney, a Florida legal aid attorney who represents homeowners in foreclosure cases and who is an expert on mortgage securitizations, said that aside from possible sanctions against Deutsche Bank in this foreclosure case, the results could have significant effect on Deutsche Bank’s practices in general, and on its ability to foreclose on large numbers of homeowners in default.
Lawyers for homeowners in foreclosure have alleged similar practices by Deutsche Bank in cases around the country.
Filed under: foreclosure | Tagged: affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, April Charney, bankruptcy court, Beth Findsen, Department of Justice, Deutsch Bank, trustee |
So true Hammertime. Every war is mobster war no matter what the deflectors of the truth try & make us believe.
I never said wordpress was in on the GLOBALIST CONSPIRACY Greg.
Everyone has their opinion & how we express it is what makes us individuals.
Some might protest or picket & others might file lawsuits.
Thats what makes these United States the example of exemplory behavior other than the few who want us to look the opposite.
Make it come to your E-mail and when someone posts on that particular blog commentary, you will get an E-mail even if it is a post from last year.
shelleystotalbodyworks | January 7, 2014 at 3:05 am | Reply
http://www.msfraud.org/LAW/Lounge/U_S_BANK_Brochure_Borrower-is-a-party_9-13.pdf
see attached pdf or http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/assetsec.pdf STATES THE BORROWER AND INVESTOR ARE THE ONLY PARTY’S TO THE SECURITIES POOL. SPECIFICALLY STATES THE SERVICER AND THE TRUSTEE OF THE TRUST HAVE NO PART IN THE FORECLOSURE.
http://foreclosuredefensenationwide.com/?p=533
RESEARCH: This squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization
Countless Foreclosure Rulings are Wrong!
US BANK ADMITS THE BORROWER IS A PARTY TO AN MBS TRANSACTION
Jeff Barnes, Esq. wrote: “We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process.” The second page sets forth that U.S. Bank, as Trustee, “does not have any discretion or authority in the foreclosure process.” If this is true, how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures or the foreclosing party in non-judicial foreclosures if it has “no authority in the foreclosure process”?
US Bank Brochure
http://foreclosuredefensenationwide.com/?p=533
http://stopforeclosurefraud.com/2013/11/11/bombshell-us-bank-admits-the-borrower-is-a-party-to-an-mbs-transaction-that-securitization-trustees-are-not-involved-in-the-foreclosure-process/
http://foreclosuredefensenationwide.com/?p=533
“We have been provided with a copy of U.S. Bank Global Corporate Trust Services’ “Role of the Corporate Trustee” brochure which makes certain incredible admissions, several of which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower ‘is not a party to’ the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process…The first heading of the brochure is styled “Distinct Party Roles”. The first sentence of this heading states: ‘Parties involved in a MBS transaction include the borrower, the originator, the servicer and the trustee, each with their own distinct roles, responsibilities and limitations.’”
That’s big enough, but here’s where what Neil has said all along is admitted to by a bank itself:
“THE FOURTH PAGE OF THE BROCHURE STATES THAT THE INVESTORS ARE ‘THE TRUE BENEFICIAL OWNERS OF THE MORTGAGES’, and the third page of the brochure states ‘Whether the servicer pursues a foreclosure or considers a modification of the loan, the goal is still to maximize the return to investors’ (who, again, are the true beneficial owners of the mortgage loans).”
Here is a link to the brochure: https://www.usbank.com/pdf/community/Role-of-Trustee-Sept2013.pdf
In case you don’t have this. This is the OCC, Office of Comptroller of Currency Securitization Handbook. See page 7 which states implicitly that the Borrower is the first party to the securitization. http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/assetsec.pdf
Here’s a good article on the manipulation of morality…like Jessup!
http://www.creditslips.org/creditslips/2015/11/the-ibanez-property-ring.html
https://en.wikiquote.org/wiki/A_Few_Good_Men
Jessup: Ever put your life in another man’s hands and asked him to put his life in yours?
Kaffee: No, sir.
Jessup: We follow orders, son. We follow orders or people die. It’s that simple. Are we clear?
Kaffee: Yes, sir.
Jessup: Are we clear?!
Kaffee: Crystal. Colonel, I just have one more question before I put Airman O’Malley and Airman Rodriguez on the stand. If you gave an order that Santiago wasn’t to be touched, and your orders are always followed, then why would Santiago be in danger? Why would it be necessary to transfer him off the base?
Jessup: Santiago was a substandard marine. He was being transferred…
Kaffee: That’s not what you said. You said he was being transferred, because he was in grave danger.
Jessup: That’s correct.
Kaffee: You said he was in danger. I said “grave danger”? You said…
Jessup: I recall what I said.
Kaffee: I could have the court reporter read back to you…
Jessup: I know what I said! I don’t have to have it read back to me, like I’m…
Kaffee: Then why the two orders? Colonel?
Jessup: Sometimes men take matters into their own hands.
Kaffee: No, sir. You made it clear just a moment ago that your men never take matters into their own hands. Your men follow orders or people die. So Santiago shouldn’t have been in any danger at all, should he have, Colonel?
Jessup: You snotty, little bastard.
Ross: Your honor, I’d like to ask for recess.
Kaffee: I’d like an answer to the question, Judge.
Judge Randolph: The court will wait for an answer.
Kaffee: If Lt. Kendrick gave an order that Santiago wasn’t to be touched, then why did he have to be transferred? Colonel? Lt. Kendrick ordered the Code Red, didn’t he? Because that’s what you told Lt. Kendrick to do!
Ross: Objection!
Kaffee: And when it went bad, you cut these guys loose! You had Markinson sign a phony transfer order, and you doctored the log book!
Ross: Damn it, Kaffee!
Kaffee: You coerced the doctor!
Judge Randolph: Consider yourself in contempt!
Kaffee: Colonel Jessup, did you order the Code Red?!
Judge Randolph: You don’t have to answer that question!
Jessup: I’ll answer the question. You want answers?
Kaffee: I think I’m entitled!
Jessup: You want answers?!
Kaffee: I want the truth!
Jessup: You can’t handle the truth! Son, we live in a world that has walls, and those walls have to be guarded by men with guns. Who’s gonna do it? You? You, Lieutenant Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Santiago and you curse the Marines. You have that luxury. You have the luxury of not knowing what I know, that Santiago’s death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives! You don’t want the truth, because deep down in places you don’t talk about at parties, you want me on that wall. You need me on that wall. We use words like “honor”, “code”, “loyalty”. We use these words as the backbone of a life spent defending something. You use them as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it! I would rather you just said “thank you”, and went on your way. Otherwise, I suggest you pick up a weapon, and stand a post. Either way, I don’t give a damn what you think you are entitled to!
Kaffee: Did you order the Code Red?
Jessup: I did the job that—-
Kaffee: Did you order the Code Red?!!
Jessup: YOU’RE GODDAMN RIGHT I DID!!
The bolded portion is ranked #29 in the American Film Institute’s list of the top 100 movie quotations in American cinema.
Col. Jessup: [Judge dismisses the jury] What is this? What’s going on? I did my job, I’d do it again! [stands up defiantly] I’m gonna get on a plane and go on back to my base.
Judge Randolph: You’re not going anywhere, Colonel. MP’s… guard the Colonel!
[MPs take post]
Judge Randolph: Captain Ross?
Col. Jessup: What the hell is this?
Capt. Ross: Colonel Jessup, you have the right to remain silent. Any statement you make…
Col. Jessup: [while Ross continues reading his rights] I’m being charged with a crime? Is that what this is? I’m being charged with a crime? This is funny. That’s what this is. This is… [turns to Kaffee and lunges at him while MPs hold him back] I’m gonna rip the eyes out of your head and piss into your dead skull! You fucked with the wrong Marine!
Capt. Ross: Colonel Jessup, do you understand these rights as I have just read them to you?
Col. Jessup: You fuckin’ people. You have no idea how to defend a nation. All you did was weaken a country today, Kaffee. That’s all you did. You put people’s lives in danger. Sweet dreams, son.
Kaffee: Don’t call me son. I’m a lawyer, and an officer in the United States Navy. And you’re under arrest, you son of a bitch. The witness is excused.
Downey: I don’t understand… Colonel Jessup said he ordered the Code Red.
Galloway: I know, but…
Downey: Colonel Jessup said he ordered the Code Red! What did we do wrong?
Galloway: It’s not that simple…
Downey: What did we do wrong? We did nothing wrong!
Dawson: Yeah, we did. We were supposed to fight for people who couldn’t fight for themselves. We were supposed to fight for Willy.
ivent
maybe you could propose to us how WordPress is part of the conspiracy to keep us divided?
THIS IS WHY I CAN’T STAND THE LIMITATIONS OF WORDPRESS – IT BREAKS UP OUR CONVERSATION EVERY TIME NEIL POSTS A NEW POINT OF INTEREST…
SO WE’RE OVER HERE NOW?
DICaprio/Clooney v DeNiro/Pacino no contest! Homeowners woukd come out of their fog if they understand the Godfather movies and actually anotger DICaprio film Gangs if New York.
Clooneys not one of my faves either.
I love Pacino, just not the scarface character.
I think his MICHAEL CORLEONE role wss exceptional in1, 2, & 3.
He was really great in DEVILS ADVOCATE too.
DeNiro is great too. Especially in RAGING BULL.
He & Catherine DeMorney were outstanding in that movie.
It is coming up to that time of yesr when the J.F.K mysteries get rerun over & over.
Some try to convince us of the lone ranger theory.
I think he was set up by the spy ring & it’s shameful they never get what they deserve for their own criminal cover ups.
Calm down BLD it’s a msg board!
That’s it. Couldn’t take it seriously w DiCaprio although he tries to be a Clooney. I was disgusted when someone basically idolized his character.
Wow you two…so much for help for the homeowners.
I do! And I swear I remember when JFK was shot but I was only a toddler. DS stuck w me prob the music. I watched orig and later version about a year ago still creepy music but not the same.
Was that the movie with Leonardo DiCaprio Hammertime? I thought that movie was repulsive, true or not. I couldn’t even watch it. My daughter said she thought i would want to see it but I thought it stunk.
The movie SCARFACE was that same sort of repulsive IMHO. How many times does someone need to say the f word before you get it?
Remember DARK SHADOWS Hammertime?
I was too young to really watch that show but my Irish Grandma Leona loved it.
I’ve been creeped out by that stuff my entire life.
I never got the concept of why so many people love it but to each their own.
Lvent u should write a DARK comedy skit lol
BLD the runaround is just as bad when u try to report things. Could be better timing and we can use Greg’s approach to indemnify sheriff.
Lvent not too far fetched. What stuck w me was the champagne fountain at a party of one of these sociopath egomaniac. We even had a movie Wolf of Wall St and people barely blinked.
What is stopping anybody suing servicer, sub servicer, foreclosure mill attorneys, banks….bid rigging, title companies…appraisers…criminally?
The homeowner can sue for criminal indictments.
Release the hounds.
True Hammertime the so called BIG FISH can’t be located & therefore they’re NOT AMENABLE TO SERVICE OF PROCESS.
Golly gee jethro, how could we have known you were in on this.
Yeah right.
Theres lots of SECRET JED CLAMPETT’S hiding it, thats for sure.
Correct typo: has _become_ CORPORATIST_PEEPING TOM’S.
The sleazy way it’s going, the VICE SQUAD would probably join them because filth has becone the NAME OF THE GAME in the U.S.A. under this fraudulently induced REGIME of CORPORAIST PEEPING TOM’S.
Maybe they need to get caught with their pants down & their skirts up to uncover their filth that goes on under everyones noses.
They flip the bird to everyone so let’s see where it goes.
Maybe they should just send the VICE SQUAD in there because probably the only thing going on in there is BROTHEL ACTIVITIES.
And to hammer it home only 3 states grade above D in integrity.
http://www.publicintegrity.org/2015/11/09/18822/how-does-your-state-rank-integrity
Even a handful of arrests won’t change anything. Our “leaders” sold out our nation to China, India and global banks. Along with arrests they need to give back our homes, wealth and community wealth.
2016 gov could begin to earn back the respect of the American people
And those watching around the world,
it would be a wonderful thing.
This MASSIVE Fraud / Looting / Cover Up and White Wash is DIRECTLY Connected to the FBI , DOJ, US Treasury and the Social Security Administration …….. US Department of Health and Social Services …….. http://www.bing.com/search?q=zombie+toxic+bank+looting+speculation&qs=HS&pq=zombie+toxic+bank+looting+&sk=HS1&sc=8-26&sp=2&cvid=909C7A88277845DB86EB9815CFFF0193&FORM=QBRE
DeutschBank is in trouble on many fronts. Log on to Banking Law 360 to keep up on it. Also Mondaq weekly newsletter. Also has info regarding the insurance aspects of MBS settlements, investor lawsuits, federal and state actions. May be helpful.
It’s interesting the “subject bank” in this investigation is not one of the US banks “adjudged” Too Big To Fail (TBTF).
Can anyone please speculate on if an indictment is lodged against DB and/or its ececutives, how likely is it tat a similar indictment will be directed against the TBTF Banks in the US?
YEAH ABOUT 40 Years LATE …….. http://www.bing.com/search?q=The++Paper++Land++Con++BANK++LOOTING++&qs=n&form=QBLH&pq=the+paper+land+con+bank+looting+&sc=1-32&sp=-1&sk=&cvid=1367FE3A9C424FC9B58BAEB1A98F8317
Sadly, the Reuters article is from January of 2011, not 2015.
When some of the people involved in the fraud get indicted, tried and jailed, this mess will start to wind down. The banksters run everything.
Monday 9 November 2015
Elaine:
What most people do not realize is that both the system and the
government are run by globalist bankers. People think the federal
government is an entity apart from the bankers. Obama is nothing
more than a globalist pawn. The deep state and shadow government
has been in charge for over 100 years. The de facto government is a
deception, plain and simple, legal but not lawful.
This may sound like generalities, but after a decade of due diligence,
the general conclusions are backed by extensive research/analysis,
and almost none of it is overt. The pieces of the puzzle are purposefully
obscured, but they are there.
Most of us here already know about the fabrications and robo-signatures – that’s how our houses and property were taken from us. All the pleas concerning these facts were ignored. How is it that the sales got ratified anyway? Why weren’t questions raised at that level?