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Tonight I will discuss the curious case of blatant economic fraud on the entire country by investment banks. They figured out how to eliminate the risk of loss on lending, how not to be labelled as a lender subject to lending laws, and who pursue collection, administration and enforcement of obligations that do not exist. And then by denying the receipt of funds that paid off the loan on their own books they continue to operate as though the loan exists, and to designate fictitious entities who are falsely represented by foreclosure mills as owning the defunct obligation.
Specifically we explore how to stop this scheme from operating at all.
Foreclosure litigation is like the game of Chess. The banks line up a set of pawns for you to fight with while their real players hide behind multiple layers of curtains. In my opinion it is time to subpoena Black Knight to the table in most instances. Make them produce documents and answer questions. Note that with Chase (and possibly Wells Fargo) there are periods of time when they had their own alter-ego to Black Knight, so forensic investigation is required.
Black Knight, fka LPS (Lender Processing Services), owner of DOCX and employer of Lorraine Brown who went to jail for fabricating tens of thousands of documents to create the false impression that homeowner obligations still existed and that some designated hitter (e.g., US Bank as trustee for the registered holders of pass through certificates issued by the SASCO Trust a1-2009) owned the obligation.
And then following that logic, since they own the obligation, the refusal of the homeowner to pay the obligation is assumed to have produced a loss (financial damage). And then, following the logic, being the owner of the obligation and having suffered a loss that was caused by the homeowner’s refusal to pay, the lawyers declare a default on behalf of this designated hitter. And then they foreclose.
The possibility that there is no obligation and that there is no financial loss suffered by anyone is currently thought of as stupid theory, thanks to the prolific PR efforts of the investment banks. And yet there is not a single case in which any foreclosure mill has produced any admissible evidence regarding the establishment or current status of the account reflecting ownership of the alleged homeowner’s obligation. Not a single case where actual loss has been in the pleading or notices. For two decades this game has been played by investment banks.
In addition, after the origination or acquisition of the apparent loan transaction, a new player is introduced (e.g. Ocwen), who claims to have been hired to service the loan accounts that are apparently owned by the designated hitter. But Ocwen only partially “services” the account. It might have authority to act as agent for the designated hitter, but the designated hitter has neither authority or ownership of the obligation. So Ocwen is a designated hitter for who ever is really doing the servicing. That party is in most cases Black Knight. In the Chess analogy Black Knight is the Knight who serves its masters (investment banks) and is willing to sacrifice itself and the self-proclaimed “servicers” to protect the King (investment bank).
This means that all records, payment history and document handling does not originate with Ocwen, but rather with Black Knight, who is actually answering to an investment bank who receives both proceeds from homeowner payments, and proceeds from illegal foreclosure sales. And the investment bank receives it as off balance sheet transactions that are actually revenue that is untaxed.
So interrupting the game of foreclosure mills in using “representatives” employed by “servicers” like Ocwen undermines the admissibility of any testimony or evidence from that representative, including foundation testimony for the admission of “business records” as an exception to the hearsay rule. It also brings you one step closer to the King. The harder they fight against you for doing this the more confident you will become that you have hit a nerve — or rather, the achilles heal of this entire scheme that would be a farce if it wasn’t so real.
And lawsuits against the designated hitter might have more credibility if you included not only the designated fake servicer but also the real servicer like Black Knight. And remember the truth is that in virtually so-called loans the end result is that there is no lender and there is no loan account on the books of any company claiming ownership of the obligation. They all get paid in full from “securitization” of the data. But that means that they never sold the debt, which is an absolute condition precedent and standing requirement for bringing a claim.
So when US Bank is named as a claimant by lawyers, those lawyers have had no contact and no retainer agreement with US Bank who is completely unwilling to grant such right of representation for litigation in their name. But for a fee they are willing to stay silent as long as they don’t really need to do anything. And when Ocwen comes in as servicer, they have no original records and they did not board the records of another servicing company. They merely have access to the same proprietary database maintained and owned and operated by Black Knight who has full control over entries (largely automated through the use of lockbox contracts and then scanned), changes and reports.
So maybe it is time to subpoena Black Knight who serves as the representatives of the investment banks and maybe it’s time to sue them for being party to a scheme specifically designed to deceive the courts and homeowners.
Take a look at a submission I just received from Summer Chic:
I received the rest of prop. taxes from 2017 and here is a very interesting detail I want to share.
On November 6, 2019 Black Knight (who deny any involvement to my property*) filed a legal case against PennyMac whom BK accused on theft of their trade secrets and removed from their system.Almost immediately customers started to complain that PennyMac is unable to perform their “servicing” due to a “major glitch” in their “updated system”.
In other words, PM is NOT able to conduct any functions without access to Black Knight’s MSP.
Since 2017 my taxes were purportedly paid by Caliber – whose tax PO Box was different than PO box for my check payments.
On Sept. 15, 2019 PennyMac purportedly “paid” my taxes.
But on December 31, 2019 (!) my taxes were paid by CoreLogic while the receipt shows as Coreligic-PM. I assume these were Spring taxes (which are due in March) because I don’t see any March receipts.
On September 16, 2020 my taxes were again paid by CoreLogic , now without any reference to PennyMac.
During all time in question CoreLogic repeatedly deny any relationship to my property even though they also conducted appraisal for my property via la mode appraisal software.
In other words, it is clear who handles all escrow accounts.*On June 15, 2016, or the same day as I filed my application for the loan, Black Knight ordered Flood Map determination acting on behalf of Perl. Determination was done by CoreLogic who is allowed to use FEMA’s forms and who owns a Hazard Map determination company.*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.*FREE REVIEW: Don’t wait, Act NOW!
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Filed under: boarding process, BURDEN OF PROOF, CORRUPTION, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, forensic investigation, jurisdiction, legal standing, Pleading, Presumptions, prima facie case, Servicer, sham transactions, standing | Tagged: abusive servicing, Black Kngiht, business records exception to hearsay rule, evdience, fraud, hearsay, Servicing |
Excellent show Neil!!
Its time to bring the entire Gestapo to the public light and sue them for their crimes against humanity.
Its long time overdue to put them all in jail next to Madoff. At least 10 years.
Black Knight, which is owned by Mr. William P. Foley II, is a branch of Fidelity National Financial, fka LPS (Lender Processing Services), owner of DOCX and employer of Lorraine Brown who went to jail while Mr. Foley’s second DocX, LLC registered by his lawyer Todd Johnson on the same day when Brown’s DocX was closed, still exists in Alfaretta GA.
So, this is a very good question which DocX, LLC forged all assignments.
While Mr. Foley’s Black Knight breaks nearly every property Title in America, his chain of Title companies issue bogus Title insurance policies which do not cover “loans” with fictitious “Lenders”.
The second part of the Mob is CoreLogic whom Black Knight try to take over.
CoreLogic is operated by Frank Martell (whose annual compensation for participating in Big Banks scam is $6,566,410 ) and has its own system,which is heavily integrated into Black Knight platforms.
CoreLogic has 5 platforms integrated in Black Knight. Four of them – including Empower which Black Knight uses since 2015 to originate about 62% of ALL “loans” in America – are related to Flood Zone determination (a second highest hardship on homeowners to push them in default after bogus “escrow deficiencies created by CoreLogic who secretly have access to your escrow account) .
Other 4 platforms are identity theft tools. Corelogic has your entire financial and personal information way in excess of information stored by major credit agencies. This information always stays in Corelogic who sells your data to predatory “lenders” and other parties – without your knowledge or consent.
I know it from my own experience when my “Lender” asked me questions about event which were not on my regular credit report – but somehow they knew about it.
CoreLogic also massively forged Assignments for Investment Banks – but nobody heard about CoreLogic in any foreclosures or any DOJ investigations. Some of them are posted online where Corelogic forged assignment to Countrywide’s fake Trust per request from Bank of America
CoreLogic is a part of First American Title (used to be the same company but now they purportedly split).
First American Title uses smaller Title Companies to sell FAM’s bogus Title Insurance policies which FAM has no intention to fulfill. Moreover, if you ask FAM to help you with investigation who is the owner of your loan – which is their duty to do – FAM will refuse, give you myriads of runarounds or simply ignore your questions.
Foreclosure mill lawyers have no idea who is their client.
They receive all instructions via Black Knight’s MSP or CoreLogic’s VendorScape who tell lawyers whom they suppose to use as a Plaintiff.
All communication between lawyers and their secretive clients is conducted either via codes in MSP/VendorScape; or via email and letters.
In emergency situations lawyers are given a liason’s number – which must be kept secretive.
It is all describes in details in Wells Fargo (read: Black Knight/CoreLogic’s ) foreclosure manual.
Each Big Banks has its own number in Black Knight’s system which they use to identify certain transactions.
All GSE must use BK/CL system where Big Banks only show them that banks want GSE to see.
The same with Servicers.
Time to pull out all who are all conveniently hide behind corporate identities.
Its time to declare these crimes as crimes against humanity, name EACH individual CEO as a defendant who is individually responsible for all damages; and call for a new Nuremberg trials against Big Banks individual executives if American Courts have no intention to fulfill their obligation and protect the People.
BINGO