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WRONGFUL FORECLOSURE WAS THE RULE NOT THE EXCEPTION
“Plaintiffs and consumers have paid the ultimate price through bankruptcies, evictions and foreclosures that were predicated upon false, forged, fraudulent and/or inaccurate documents,” the lawsuit charges.
“Keep your eye on the MONEY. That will tell you everything. Not one cent was ever given by the parties who received documents purporting to give them rights over your loan. The documents — nearly all of them — are patent lies. Those lies are intended to deceive the public, the regulators, the investors, the courts and the homeowners into believing that the foreclosures are real. The foreclosures were not, for the most part, real in that their purpose was never to mitigate damages — it was to make money for intermediaries who never had a dime in the deal.” Neil Garfield, livinglies.me
EDITOR’S NOTE: This is why homeowners need the COMBO analysis whether it is from us (see above) or anyone else. The burden of proof SHOULD be on the forecloser but until Judges realize that error, they are looking for the homeowner to come into court loaded with data that can be introduced as evidence and which clearly define issues of fact that are triable by the court and that trigger the right to discovery.
The very presence of LPS and other document fabrication factories like it provides instant corroboration of the homeowners’ allegations that the mortgages, and the foreclosures were rotten to the core. The notes are improper, the liens probably didn’t attach to the land, the closing documents were essentially vehicles to deliver the signature of borrowers to end the money chase that Wall Street started. As has been repeatedly asserted across the country this was not a case of people chasing money. It was a case of money chasing people. That signature of the borrower was worth more than the borrower ever knew and more than they realize even now.
Think about it. For hundreds of years lenders have been dotting their i’s and crossing their t’s creating near perfect documentary trails in hundreds of millions, perhaps billions of transactions. Suddenly they need to create layers upon layers of plausible deniability with document fabricators, substitute trustees (what was wrong with the old one?) and all sorts of excuses about why they don’t need to prove their case. Here is the truth: THEY HAVE NO CASE.
They were not the lender,the creditor or the assignee at any time. The documents refer to transactions (transfers) that never took place. The origination documents (note, mortgage, deed of trust etc.) refer to transactions that never took place because the actual lender/creditor was not disclosed — instead they put a straw-man on the note and another straw-man on the mortgage.
Keep your eye on the MONEY. That will tell you everything. Not one cent was ever given by the parties who received documents purporting to give them rights over your loan. The documents — nearly all of them — are patent lies. Those lies are intended to deceive the public, the regulators, the investors, the courts and the homeowners into believing that that the foreclosures are real. The foreclosures were not, for the most part, real in that their purpose was never to mitigate damages — it was to make money for intermediaries who never had a dime in the deal.
DON’T GET LULLED BY THE HOLIDAY MORATORIUM ON FORECLOSURES AND EVICTIONS. THEY WILL START AGAIN WITH A VENGEANCE IN JANUARY. THE BANKS MUST COMPLETE AS MANY FORECLOSURES AS POSSIBLE BEFORE THE PUBLIC, GOVERNMENT AND REGULATORS REALIZE, ONCE AND FOR ALL, THAT PRACTICALLY NONE OF THE FORECLOSURES WERE REAL, LEGAL OR AUTHORIZED.
Nevada homeowners file class-action lawsuit over foreclosure robosignings
SEE FULL ARTICLE ON VEGASINC.COM
by Steve Green
Lender Processing Services Inc., the company targeted by Nevada’s attorney general in a foreclosure robosigning investigation, has been hit with a class-action lawsuit filed by Las Vegas and Henderson homeowners.
Jacksonville, Fla.-based LPS, one of the nation’s largest foreclosure processors, has insisted its robosigning problems in Nevada involved mere paperwork issues, have been addressed and did not involve wrongful foreclosures.
But Tuesday’s homeowner lawsuit said LPS’s use of “forged, fraudulent and/or erroneous” foreclosure documents tainted the foreclosure process to the point where LPS and banks it worked with “did not have authority to foreclose or to continue with the foreclosure process.”
The suit filed in Clark County District Court in Las Vegas alleges violations of Nevada’s Deceptive Trade Practices Act, seeks to block pending foreclosures involving allegedly forged LPS documents and seeks unspecified damages for completed foreclosures.
Besides the Nevada attorney general’s lawsuit filed against LPS last week alleging widespread fraud in its foreclosure paperwork operations, criminal charges have been filed in Las Vegas against two LPS officers and four notaries in what state prosecutors call a scheme in which thousands of foreclosure documents were tainted by forged signatures and bogus notarizations.
Also named as defendants in Tuesday’s class-action lawsuit were lenders and foreclosure trustees that work with LPS. They are Bank of America, its subsidiary ReconTrust Co.; IndyMac Mortgage Services, a division of OneWest Bank; and Regional Service Corp., which acts as a foreclosure trustee.
Tuesdays lawsuit was filed by five homeowners and is proposed as a class action representing “countless” more plaintiffs, likely thousands. Four of the named homeowners face foreclosure and the fifth has been foreclosed on, the suit says.
The proposed class of plaintiffs is defined as borrowers in Nevada who received foreclosure documents, called notices of default, “that were improperly executed by LPS, its predecessors or its subsidiaries.”
Tuesday’s lawsuit seeks a court declaration that LPS and its codefendants violated Nevada’s law governing foreclosure proceedings “in that they proceeded with the foreclosure process despite relying upon forged and falsified notices of default.”
“Plaintiffs and consumers have paid the ultimate price through bankruptcies, evictions and foreclosures that were predicated upon false, forged, fraudulent and/or inaccurate documents,” the lawsuit charges.
The suit also seeks a declaration that the notices of default issued by LPS “are null and void” and asks for an injunction blocking LPS and the codefendants from proceeding with the allegedly tainted foreclosures.
“Plaintiffs’ properties face foreclosure as a result of defendants violations of NRS 107.080 (the foreclosure law),” the suit says.
The suit also seeks unspecified actual and punitive damages and attorney’s fees. It was filed by attorneys at the Las Vegas law firm Callister & Associates LLC.
An LPS spokesman said the company had no immediate comment on Tuesday’s lawsuit but reiterated its earlier statement: “LPS acknowledges the signing procedures on some of these documents were flawed; however, the company also believes these documents were properly authorized and their recording did not result in a wrongful foreclosure.”
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: bankruptcy, borrower, class action, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosure robosigning investigation, foreclosures, fraud, Lender Processing Services Inc., LOAN MODIFICATION, LPS, modification, Nevada, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND, wrongful foreclosure | 23 Comments »
