PennyMac and Other Companies are Making False Claims as “Servicers”: Black Knight, the king of fabricated documents is behind 62% of all “servicing records.”

The bottom line is that companies claiming to be servicers are not servicers although they perform some servicing functions as “clients” of Black Knight.

This provides a veil of plausible deniability for lying in court about testimony and documents. Hiding behind litigation immunity foreclosures are being pursued and granted resulting in windfall payments to intermediaries who never had any stake in the financial stake of any homeowner transaction. 

Examination of the facts shows that the “boarding process” is nonsense i.e., a lie). “New Servicers” simply log on to the Black Knight system. There is no boarding required. It is a total lie to fool courts into believing that the records were tested when they were not. 

Black Knight is not mentioned in part because of its prior record of criminal conduct. That record gives rise to inferences of lack of credibility or questions or credibility — either one of which is enough to prevent the employment of legal presumptions arising from what appear to be facially valid documentation. Without those presumptions there is no case because none of the claimants can offer proof of transactions in which actual ownership and control over the underyling obligation can be established. 

There is nothing like an admission that can change the course of thinking by a judge, lawyer, homeowner or law maker. Except for one thing: when the party not only admits the truth of the matter asserted but affirmatively alleges it in a lawsuit against someone else.

Exhibit A, brought to my attention by multiple sources and contributors to my blog. It is a lawsuit by someone who professes to have no connection with the alleged “servicing” of any transactions that are referred to as residential mortgage loans. It is never named in any lawsuit as a servicer. It does not show up in court as the source of servicing records. It does not send any robowitness to court to say that he/she is familiar with the books and records of this company. And yet, here is Black Knight, formerly Lender Processing Services and DOCX infamy (Lorraine Brown, President went to jail).

In a lawsuit against PennyMac, Black Knight asserts that PennyMac infringed upon its proprietary system that supplies the servicing records for 62% of all “servicing” performed in the U.S., — and that means that in 62% of all foreclosures, the companies that were proffered as servicers were not the servicers or at least did not perform all servicing functions — especially, as you read the complaint, as to payment histories and relevant documents for foreclosure.

So we have the only company that was ever caught red handed with fabricating, falsifying, recording, forging, robosigning false transaction documents. They changed their name but not their business model. Their business model is being the central repository of all the data that is created, stored, and manipulated with respect to 62% of all alleged “loans.”

That makes Ocwen and other loan servicers liars. And I have successfully pointed that out in trial. When you look at the copies submitted to qualify for an exception to the hearsay rule as a “business record” you can see that this did not come off of any particular system. And upon questioning of the witness they will profess ignorance as to the location of the server on which documents and records are created, maintained and manipulated.

No document is ever produced showing that Black Knight was named as servicer for any trust. That is because the trust has nothing and Black Knight is not working for nothing. Black Knight is working for investment banks who are the prime and only drivers of all trading, administration, collection and enforcing of contracts relating to securities and homeowner transactions. The transaction data (38%) not controlled by Black Knight is primarily controlled by a Chase controlled entity in the same way.

So the bottom line is that when the servicer representative comes into court to testify as to the foundation of the payment history, there are two things to remember for cross examination.

First, the copies he/she is attesting to are not from any system owned or controlled by his company and are not the records of the trustee or trust of any REMIC Trust.

Second those records are always missing any references to what goes out. Without entries showing disbursements to creditors, the records are incomplete. Without records showing establishment of the debt as an asset of some creditor, the records are incomplete. And THAT is what undermines the foundation for the admission of the records and can lead to objection and a motion to strike the exhibit during trial.

Failure to object and failure to attack in this way leads inevitably to a finding that the documents are real and that the information is true which then proves a default because the payment history says so.

But it doesn’t prove a default and the litigator must be able to show that. A default is established ONLY when proof of ownership of the asset (Loan) is established in the name of the claimant or Plaintiff. This never happens because there is no creditor showing the loan as an asset on its financial statements.

In current securitization practices, there is no creditor that actually claims ownership under generally accepted accounting principles that require a financial transaction (payment) in exchange for a conveyance of ownership of the underlying debt as a required by Article 9 §203 UCC as adopted by all U.S. jurisdictions. And if they are not creditors then they can’t be considered lenders and therefore can claim that lender liability does not attach to them. 

And without any officer of the trustee or trust testifying that those are there records of test rust, the copies preferred by the foreclosure mill and the robowitness are just props and not evidence and do not qualify as exceptions as business records. Accordingly they are barred by the hearsay rule which stands in the way of any evidence that lacks credibility.

Black Knight vs PennyMac Lawsuit

So why am I saying all this?

Here are some quotes from a complaint filed by high end lawyers representing Black Knight against PennyMac who they say falsely and illegally used the Black Knight systems, namely MSP© and Navigator©. Here is what Black Knight says, which corroborates, word for word what I have been saying for 14 years:

“Black Knight’s proprietary MSP® System, including its interdependent NavigatorTM electronic reference and procedural library, is the mortgage industry’s leading mortgage servicing software [e.s.] package. The result of years of research, complex coding, and continuous improvement, the MSP® System is used to service over 62% of the first lien mortgage loans in the United States, providing its users – the country’s largest and most successful lending institutions – with the ability to manage their portfolios in compliance with a broad set of laws and regulations. Black Knight protects its proprietary system through secrecy, and users of the MSP® System are granted access only under strict nondisclosure agreements with individual access controls.”

Now to be sure, they will claim that they are only providing software that “servicers” use. But that is not the way it actually happens. Black Knight owns, operates, maintains all servers with an iron hand as directed by the investment banks who like Black Knight want to be out of sight and therefore out of mind of any court.

The facts that every litigator should know is that the two parties who are not mentioned — the investment bank who started ands till controls the securitization scheme and Black Knight who is the central repository for all data to make sure that there is no public competition for claiming the same loan, are the only ones that actually out as real parties real witnesses.

So then we come to the fact that claims of servicing by PennyMac are completely false. If you read carefully and make appropriate inquiries one fact stands out: PennyMac is acting under Black Knight. PennyMac may get to make certain entries which in turn are tested by Black Knight and PennyMac may get to print out copies of reports that are produced by certain algorithms at Black Knight but PennyMac has no role in creation or maintenance of business records on Black Knight, who in turn does not do anything for trusts because it has no contracts with trusts. it has contracts with investment banks.

Notice how they are keeping the agreement between PennyMac and Black Knight a secret. Also note that the agreement names Fidelity Information Services, Inc. an Arkansas corporation as the principal and PennyMac is referred to as “client”.

“Pursuant to that certain Master Agreement entered into as of April 30, 2008, together with any addenda thereto (the “Master Agreement”), PennyMac became a registered user of the MSP® System and was granted a limited right to access and use the MSP® System in order to process PennyMac mortgage transactions.[e.s.] The Master Agreement includes clear and comprehensive restrictions against misuse of the MSP® System and associated confidential materials. Due to a confidentiality requirement in the Master Agreement, as well as the volume of documents, Black Knight attaches hereto as Exhibit “A” the cover page of the Master Agreement. A complete copy of the Master Agreement is in the possession of PennyMac, but a duplicate copy will be provided upon request.”

So the lawsuit is couched as a copyright infringement case. But the real purpose is that of the investment banks — to prevent the decentralization of data records that could reveal the fact that loans were sold multiple times in multiple ways. Of course there is also the monopolistic position that Black Knight enjoyed and wanted to protect. But without the support of the investment banks it would never have filed this lawsuit,.

“The MSP® System is made of a number of interdependent “modules,” with each performing a different function in the process of servicing a mortgage loan. These modules work together synergistically to produce the familiar experience and end product that is critical to the system’s success.”

“For example, the following specific aspects of the MSP® System contribute to its unique value: data schema and fields; user experiences and interfaces; files and records; transaction-type codes and sequence codes; input, processing and output transactions; workstation guides; technical support services; and documentation of the foregoing. Data collected are organized in specific files incorporated in a table that includes multiple records, each of which is a row that also includes a series of fields or cells, each of which has a specific name and position range. The confidential logic and business rules that drive the collection and manipulation of the data provide Black Knight a competitive advantage.” [e.s.]

“The NavigatorTM application is a critical component of the MSP® System. Acting in effect as an extremely detailed electronic reference and procedural user manual, it provides authorized users of the MSP® System with comprehensive information regarding each MSP® System module and workstation necessary to understand and use the MSP® System to service mortgage loans. This includes confidential details of MSP®-specific files; data dictionaries; data schema, records, and fields; MSP®-specific transaction-type and sequence codes; processing operations associated with MSP®-specific files; and MSP®-specific input and output transactions. It also contains confidential workstation guides and other user materials explaining how to work with MSP®-specific files and initiate execution of MSP®-specific operations. The NavigatorTM application and its related documentation are made available only to authorized users of the MSP® System for limited uses and are specifically designated by Black Knight as confidential proprietary, and trade secret information.

An authorized MSP® System user can also access data from the MSP® System in real-time using MSP® Mortgage Web Services. Like the NavigatorTM application, MSP® Mortgage Web Services contains detailed confidential documentation explaining its functionality and unique and proprietary data formatting structures and request codes, among other topics. And like the NavigatorTM application, MSP® Mortgage Web Services and its related confidential documentation”

One of our prolific readers and contributors “summer chic” has offered the following information that I consider useful in framing complaints:

On June 8, 2020 Black Knight announced that former OneWest CEO (aka OCC) Joseph Otting joined Black Knight’s  Board of Directors…..
 
 Black Knight is a renamed Lenders Processing Services/DocX who forged millions of assignments which were filed in Courts around the Nations to steal homes from American families.
 
 Bill Foley (FNF) , owner of LPS, DocX, Black Knight, ect. continues its illegal practices as of today while deceive borrowers with bogus Title Insurances. 
 
Speaking about monopoly, Mr. Foley owns majority of US Title Companies.
 
PennyMac is a renamed Countrywide Financial 
 
Caliber Home Loan is a renamed Countrywide Financial
 
HomeXMortgage is a renamed Fremont Loan and Investments
 
Matrix Private Capital is a renamed Lehman Brothers
 
New OCC Mr. Brooks is also a former OneWest CEO….
 
Former BlackRock CEO Michael Bright was CEO of Ginnie Mae….
 
VA Appraisal system is controlled by Bank of America via Core Logic LoanSafe program which is  renamed Countrywide’s LandSafe Appraisal system which BOA sold to VA in 2014….
 
Ginnie Mae’s Senior VP Michael Drayne is a seasoned  fraudster from Chevy Chase bank who was sued by investors and insurers for over $5.2 Billion securities fraud. Drayne was never charged for any damages.

*Neil F Garfield, MBA, JD, 73, is a Florida licensed trial attorney since 1977. He has received multiple academic and achievement awards in business and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.*

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8 Responses

  1. Thank you Summer and Papergate! Wilmington Trust, PHH, Selene, and Fay have all been in the musical chair fraud against me and my family, along with other fraud financial institutions and law firms. We are still fighting, still in our home, and hope to win soon!
    Neal and Bill Paalato have been a huge help for us!
    Thank you all!

  2. The bottom line in all of this stuff…..real trial lawyers who know how to “discover” facts need to take this information and litigate the pants off of these alleged entities and force some admitted facts from their officers, managing agents or persons most knowledgeable at depositions. Use what you get to prep thoroughly your motions for summary judgment. This is a proven tactic in both state and federal courts and it is gaining traction, especially in NY, NJ. Just don’t let the court’s tell you “no” when you move to compel discovery at any level.

    Have a great weekend Neil and all….
    Steve at Consumer Rights Defenders

  3. The list of Mr. William Foley’s Title Companies who sell you fictitious Title Insurances for fatally clouded by Mr. William Foley’s forgery mill Titles is below.

    For the record, Mr. Foley’s creative manipulations with our “mortgages” and stolen securitized identities are subject to strict (ha-ha) “regulations” and “laws” and must be disclosed to borrowers to obtain their consent. It is never done.

    In the meanwhile, Mr. Foley heavily launder stolen from US families money in New Zealand where he purchased six (6) wineries.

    New Zealand still has a regulation against money laundering.

    I think we should contact NZ Government and inform them how Mr. Foley obtained his capital. an email is amlcft@rbnz.govt.nz.

    Fidelity National Title Group is a member of the Fidelity National Financial (NYSE: FNF) family of companies and the nation’s largest group of title companies and title insurance underwriters – Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Fidelity National Title Insurance Company, Alamo Title Insurance, Lawyers Title, and Ticor Title – that collectively issue more title insurance policies than any other title company in the United States.

    NONE of these Title “insurances” actually insure anything, they are merely a masquerade to cover for intentionally damaged Titles.

  4. Fay Servicing is aligned with Wilmington Trust; Selene is/was owned by the Godfather of securitization Lewis Salvatore Ranieri, (Ranieri Partners) also in the mix is Apollo Global out of New York – also a Bermuda foreign entity owned by Leon Black, Joshua Harris, Marc Rowan and formerly Tony Ressler – these guys are not only securitizing mortgages but throwing insurance ‘products’ into the securities fraud ‘trusts’ now too.
    Apollo owned Realogy – Realogy owns Century 21, ERA, Coldwell Banker, Sotheby’s, etc.

    Realogy was named (again 6th year in a row) one of the “World’s Most Ethical Companies” by Eric Holder and Lanny Breuer (Covington Burling fame) ethisphere.com

    Realogy and its partner in crime PHH Mortgage Corporation were ‘spin offs’ of Cendant Corporation – criminally indicted in 2006 for securities and accounting fraud and its execs sentenced to 10 years each prison terms – Cendant changed its name to continue doing business under Realogy and PHH – so how does an entity that was criminally indicted for fraud fined $6 Billion dollars be rated an ethical company . . . its partner PHH was punished under the 49 State Attorney Generals v PHH Mortgage Corporation in 2018 – for PHH (Realogy) engaging in servicing violations, etc. – no wonder Holder, et al. couldn’t find any wrong doing . . .

    Can someone provide the complaint in this article? Thanks!

  5. What you see is not what is behind the curtain.

  6. Kudos to Neil and Summer

    This absolutely correct. And, I would take a look at prior discharges to last transaction in question. LPS name there?

  7. To StiilFighting:

    I am sure Selene Servicing owner is one of Black Knight’s “clients”

    Below are some facts re Selene and their mob. All well-familiar parties, just renamed. No one went to jail, not even barred from financial activities.

    Selene Finance LP’ founder Stauffer is a former CEO of GMAC whose underwriters were Citi, Goldman Sachs and UBS AG.

    In November 2019 Pretium*, an investment management firm, announced acquisition of Selene Holdings LLC (“Selene”) from funds managed by Oaktree Capital Management, L.P. and Ranieri Partners LLC.

    In conjunction with the closing, Joe Davila, former President, Servicer Solutions of Altisource Portfolio Solutions**, will be appointed Chief Executive Officer and President of Selene.

    *Pretium CEO Don Mullen was a Partner of Goldman Sachs until February 2012 when he left to found Pretium. At Goldman, Mr. Mullen was a member of the Management Committee. He was Head of the Securities Division’s Global Credit and Mortgage businesses, a member of the Firmwide Risk Committee, and chaired the Principal Investments Committee. He also served on the Securities Division Executive Committee, the Firmwide Capital Committee, and the Public Policy Committee. Prior to joining Goldman in 2001, Mr. Mullen was a Senior Managing Director and Global Head of Credit at Bear Stearns.

    **William B. Shepro CEO of Altisource, previously served as the President and Chief Operating Officer of Ocwen Solutions, a business unit of Ocwen Financial Corporation.Chairman.

  8. Anyone know if Selene Servicing or Fay Servicing are part of the Black Knight monopoly?

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