While We Were Sleeping: Remote Online Notarization is Becoming a Reality in Florida effective 1/1/2020

see https://www.floridabar.org/the-florida-bar-journal/danger-will-robinson-the-new-frontier-of-remote-online-notarization-and-electronic-wills/

I knew this was planned. But frankly I didn’t pay close attention. When the initial plans for electronic signatures were announced 10 years ago, we collectively convinced President Obama that the law as written made it too easy to fabricate documents and then have them be declared facially valid — thus raising legal presumptions about the document and its contents.

Under the new law in Florida and I presume in other states, notarization of documents for recording in county records can be accomplished electronically. The banks have lobbied hard for this and have done a lot of PR to pave the way for this law as reflecting “progress.”

The problem is that this greases the slippery slope on which the banks unleash a torrent of fabricated documents creating legal presumptions of fictitious facts — leaving homeowners to defend nonsensical allegations without the benefit of requiring the claimant to prove actual facts for its prima facie case.

Dean Wigmore — the man whose name is equated with the law of evidence — said that legal presumptions were like bats that fly around and then disappear in the light of actual facts. For nearly 20 years homeowners have been fighting bats in the belfry.

Those that persisted and had the money to contest illegal foreclosures mostly won simply because the legal presumptions were rebutted, leaving the foreclosure mill with no actual facts to present because there were not actual facts that favored their position. None of the foreclosures in which a supposedly REMIC trust was involved ever involved any party who had paid value for the debt as required by state statutes adopting Article 9 § 203 of the Uniform Commercial Code making it a condition precedent to filing a foreclosure.

The assumption or presumption has always been that the named Plaintiff existed, and that it must have paid value for the debt. But they never did.

Most homeowners (96%+) were required to walk away because they lacked the resources of time, money and energy to contest the forced sale of their homestead by actors in a fraudulent scheme for revenue instead of any actor would could obtain restitution of an unpaid debt through a real foreclosure.

The simple answer is that the investors were the only ones who paid value but they never got title to the debt, note, or mortgage. This created a vacuum in which the investment bank pretended to own the debt and then act through surrogates to claim foreclosure without turning over the proceeds of foreclosure to the investors. It was a plain fraudulent revenue scheme.

The Florida legislature has now made it far easier for the banks to continue making money on actions that are simply labelled as foreclosures. This act enables the foreclosure mills and document fabricators to not only speed up the notarization process but also create a gap in accountability for errors, omissions and fraudulent content. It’s all happening online.

Judges are going to be required to treat notarization as presumptively valid when in fact the notary was a robo notary and the online process is fully automated behind the scenes. Thus the Florida legislature has continued and expedited the current process by which investment banks, acting through conduits or surrogates, sell the house, take the money and run. Not a penny is returned to investors who bought “certificates”.

8 Responses

  1. Poppy — that is right – we would be in jail. And as to the testifying — no one can testify as to “records” prior to when they obtained claimed servicing rights. They cannot testify as to this – they were not there. THIS IS CRITICAL NEED INFORMATION. .They cannot testify as to what occurred prior to claimed receipt of servicing rights. THAT IS WHEN FRAUD OCCURRED. .

    The life-blood has been sucked out of the American people. And, the “investment” media keeps saying — “The consumer is alive and well.” We “investors” will be fine. Are they joking?

    No one is tapping into equity anymore. No one. Why? Burned by the fraud – they know it is all fraudulent. The consumer is slowly dying. GDP is 70% based on the “consumer.” There will be no economy without the “consumer.” NONE. Consumers who wanted to just help their children, help pay for college, and live a decent life. That is done and over. There is no home equity. There is no right party to pay. It is over. .

    All we have is industry trade practice based on fraudulent debt collection from unsecured debt that has been not acknowledged by the derivative contracts – for pennies on dollar — by the very government that knows this is fraudulent.

    So — when anyone asks — who is being paid? Where is the money trail? All ignore. “Free house” they claim. No free house — they are getting “Free money” – UNDISCLOSED for money trail.

    I have paid — NEVER IN DEFAULT – but my money has vanished – for TWO decades. No one can even account for it. I have been most stupid to pay — and keep paying. MOST STUPID. This is what most bothers me most – my own STUPID participation in the fraud by my continued payments. And, there is no one to go too. Not anyone — to trace these payments – and past payoffs – that vanished into thin air. Not a court, not the CFPB (who is only place to go to), not FBI — NO ONE.

    We are all slowly dying into “third world.” We lose this HUGE industry of debt collection – government knows — we are DONE. The consumer cannot carry it anymore.

    Government failed us. Our representatives failed us. .

  2. ANON, you know I have understood this way back when. Nothing else explains why the courts are “complicit”…the law is set forth. A stranger cannot go to court and testify about things they know nothing about, nor can they “stand-in” for a party who never had rights to begin with.This is not rocket science. In the real world counterfeiting, fraud, perjury, concealment of facts, conversion of one’s property, etc….are all felonies. Not one criminal charge has been filed against these cheats. If you or I, stole anything, by deception, fraud, concealment,…obtained goods or services under false pretenses…lied to the court, God help us.

  3. Worth browsing… http://www.jail4judges.org/

  4. All here – excellent post and comments. What none of you get is — if the truth is exposed — we will have a financial collapse. The “crisis” has been held together with a band aid for over a decade. Nevertheless – not acceptable to me – or you – or the millions scammed. .

    Summer – you are correct. Title companies concealing — they are in a horrible position. They condoned. They concealed. So has the government. But, I hate to say it – government is just not “with it.” Title companies/insurers should KNOW what went on – and continues to go on. Liability is huge to THEM. They will fight it to the hilt.

    Now — many of these so called “issues” were never compliant with Regulation AB — a pilot program initiated in – you guessed it – 2004!!!

    So what happened to the so-called “pools”?? No one knows. Where were the regulators? What happened to them? No one knows.

    Neil is correct – no consideration paid. But – Neil is wrong that “investors” paid. Investors pay nothing directly to or for borrowers. This would be an outright violation of federal law – TILA. Investors paid to debt buyer “security underwriters.” Security Investors DO NOT fund any direct loans to borrowers. Investors paid for pass through of cash flows only – they did not fund loans. NOT EVER. This is also in violation of Regulation AB — oh – whoops a pilot program in 2004. Demanded by WHO?

    And so — with each “transaction” – nothing is corrected. All is continued fraud with insurance paid, and no “payoff” recorded by borrower FOR ANY TRANSACTION. Permanent “title” issues.

    Summer – that is what happened to you.

    VERY COMPLEX. That is the way it was intended to be. So that no one – not a judge – or a court – or an attorney would ever figure it out. . Enron knew this – they admitted it. We have Enron – a billions times over.

    Neil is also correct – most do not have the funds to challenge. Most go by the wayside. Never to be noticed.

    Thanks to all.

  5. Summer- you are the only person who has stated this, which can only be correct. I’m wondering why no one else has ever reasoned this out. I’m flabbergasted. What else do you have?!

  6. MORTGAGES! Guys, look at the very first document you signed.

    You did not sign a Mortgage.

    With MERS as a Nominee here are NO Mortgages in the United States. All of them are Deeds of Trust, which is a totally different document.

    But they all called “Mortgages” with rare exeptions

    What banks did with American housing market is shocking to anyone – except the Government and Judges who don’t care neither about the law or about consequences their actions will cause.

    This is all covered by the Government and enabled by Judges. Banks merely share with them profits from fraud.

    The basic difference between the mortgage as a security instrument and a Deed of Trust is that in a Deed of Trust there are three parties involved, the borrower, the lender, and a trustee, whereas in a mortgage document there are only two parties involved, the borrower and the lender. In a Deed of Trust, the borrower conveys title to a trustee who will hold title to the property for the benefit of the lender.

    Where are those loans where are only two parties involved?

    NONE of them.

    Most of you signed a Deed of Trust masqueraded as “Mortgage” – without any RESPA or TILA disclosures. Thus, it was invalid document to begin with.

    Go to your Title insurance and demand compensation 🙂

    When more people will challenge Title companies – when sooner banks cabal will collapse. (some authorities like IMF think it will be by 2020)

  7. I read the UETA (Uniform Electronic Transaction Act) in its entirety years ago, and from memory, I believe that all consumers had to authorize IN ADVANCE the use of it by financial institutions with whom they were involved. I know that I never signed anything to that effect. And a lot of notaries had no intention of doing anything properly to begin with, and now that they can perform their “duties” anonymously without any oversight, is a recipe for additional fraudulent activities. Title laundering, theft by deception, a new and innovative way to ignore black letter law. Disgusting.

  8. Can anyone here, please, show me the evidence of debt-payment by the investor? I have never seen what one “actually” looks like.

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