JUDICIAL NOTICE EXPOSED

JUDICIAL NOTICE is just one more legal device by which Banks and Servicers introduce fake documents or documents they can’t get because they are “lost”.

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THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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The use of Judicial notice is widespread. Banks attempt to use it in order to get something into evidence they could not otherwise prove. Homeowners use it for the same reason. Usually both are mistaken in the use of Judicial notice and the Court is in error for accepting it unless the other side fails to raise a proper objection. Like most things, if you fail to object the document or record will be in evidence. That still leaves the issue of how much weight to give the document as evidence.
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Generally Judicial Notice is meant to allow introduction of a document that is in the Public Domain and which is maintained by a government institution. Technically the only proof issue that is satisfied by granting judicial notice is that the document exists. What is written on the document or record introduced by way of Judicial Notice is NOT in evidence — only that the document exists. Thus when homeowners try to use judicial notice of something derogatory about the banks or servicers, all they have is a recognition that this document or report is in the public domain — not that the words themselves are true or even in evidence.
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The strategy of the Banks and servicers is to file something somewhere in the public domain and then ask for judicial notice without proper foundation for the documents or its contents. The banks and servicers extend this even further if they can get away with it — by getting the Court to take judicial notice of the note, mortgage or assignment. Or by getting the court to accept into evidence the Pooling and Servicing Agreement.
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Objections raised on the basis of lack of notice, hearsay, hearsay on hearsay, lack of foundation, and other rules of evidence should be employed aggressively. However this is a two-edged sword. If the Banks get it in they will then argue that since the homeowner is not a party to the PSA the homeowner is barred from raising violations of the PSA as a trust instrument. If the Banks fail to proffer the PSA or fail to get the Court to accept judicial notice they will proceed anyway arguing that the provisions of the PSA are irrelevant anyway.
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In fact if you drill down in cross examination you will probably find that it is the self-proclaimed servicer who is the real party in interest with apparent possession of the original note and mortgage, but which in truth are newly minted, doctored or entirely fabricated, instruments that appear at trial.
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If you look at the Florida Rules (most states are the same or similar) you will see that even the SEC site is questionable as a source of documents because the documents are not certified. In truth ANYONE can file ANYTHING on the SEC site and then try to get it accepted into evidence — even though the document (PSA) is not even signed or is not even complete.
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But regardless of the action by the court the proponent of a document or record introduced by Judicial Notice must still prove the truth of the matter asserted in the document. it is no different than introducing the document using as foundation the testimony of a witness (usually a robo-witness). But there again the testimony of the witness is going to be that the document is some sort of business record. The actual source of the document is almost always guarded and concealed by the Banks and Servicers.
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The reason is that many or most of the Bank and Servicer documents are fabricated, forged, robo—signed instruments that are self-serving and not based upon anything that happened in real life. The truth, difficult to prove but nonetheless true, is that the document the so-called business records of the servicer are neither business records of the servicer nor of the alleged REMIC Trust but rather come into real life by way of a printer that prints records and documents fabricated and maintained by a third party “vendor” like LPS/Black Knight in Jacksonville, Florida.
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The change in servicer thus involves no actual “boarding” process, since LPS operates like MERS. Anyone can have access and the transfer of the records is really a transfer of access to the IT platforms of LPS where the data and documents are manipulated to create the illusion of generally accepted and facially valid records or documents.
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Florida Statute §90.202 Matters which may be judicially noticed.—A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:
(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.
(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.
(3) Contents of the Federal Register.
(4) Laws of foreign nations and of an organization of nations.
(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.
(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.
(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.
(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.
(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.
(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.
(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court.
(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.
(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.
Florida Statutes § 90.203 Compulsory judicial notice upon request.—A court shall take judicial notice of any matter in s. 90.202 when a party requests it and:
(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request.
(2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

The Neil Garfield Radio Program: James “Randy” Ackley Recording

Listen Here: https://youtu.be/jOeAe9zT5D0

Yesterday, attorney James “Randy” Ackley appeared on the Neil Garfield Radio Show.  The show was a fascinating discussion about banks’ creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose.

Neil and Randy addressed why the courts were allowing loan servicers to present evidence that was hearsay, often fraudulent and did not comply with the rules of evidence. Ackley stated that, “The court is allowing evidence to be introduced that would not be admitted in any other type of case.” The discussion brought up the fact that courts are making erroneous presumptions in favor of the banks despite the fact that there is now a public record of banks fabricating evidence, robosigning documents, false notarizations and bank employees testifying under oath about facts they know nothing about.

To learn more about Randy Ackley at: http://4closurefraud.org/2016/04/05/james-r-ackley-responding-to-disaster-a-contemporary-approach-to-foreclosure-defense

 

What the Media is Missing About the “Securitization” of “Mortgage” Loans

The Banks called it “The Hustle”. So why is anyone thinking it was anything other than a hustle?

Judges need to reconsider their positions. They need to make the choice between their false perception of a “free house” and a “get of jail free card.”

The plain facts are that those so-called REMIC Trusts do not and never have existed as operating entities. They exist on paper and have no legal significance because they never were in operation. It is not just that the paperwork was fabricated, back-dated and forged. It’s that the presumed transactions never happened. That is why Adam Levitin refers to it as “securitization Fail.”

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THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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Pennymac and CW

http://fortune.com/2012/10/02/countrywide-its-baaack/

http://www.nytimes.com/2014/08/24/business/an-unfinished-chapter-at-countrywide.html?_r=0

“High Speed Swim Lane,”<<< another term for “The Hustle” which was run by Rebecca Mairone .

http://www.bloomberg.com/news/articles/2014-07-30/bank-of-america-s-countrywide-ordered-to-pay-1-3-billion

Even investigative journalists are missing the obvious. Either they lack the knowledge to report correctly on the subject or they have been instructed to stay away from Wall Street corruption. The plain facts are that those so-called REMIC Trusts do not and never have existed as operating entities. They exist on paper and have no legal significance because they never were in operation. An empty trust has no legal significance.

It is not just that the paperwork was fabricated, back-dated and forged. It’s that the presumed transactions never happened. That is why Adam Levitin refers to it as “Securitization Fail.” And that is the whole reason for fabrication, forgery, backdating and robo-signing of documents. If the transactions were real, nobody would have needed to go to DOCx, LPS (now “Black Knight”) et al to create the documents that created the illusion of reality.

The questions that have NOT been asked include but certainly are not limited to the following:

1. How could the Big Banks be carrying bad loans on their balance sheet? AND the corollary question is how they could be the seller of those loans. The answer is that they cast themselves  as the seller of loans so they could book “trading profits” on loans where they were not the lender. In doing so they were asserting positions that were diametrically opposed to the positions taken in foreclosure actions — that the “lender” was whoever is on the note and mortgage. So on one hand the TBTF banks are asserting they made the loans, they own the loans and they were losing money as a result of non-payment by the borrowers and the other hand they are having their puppet players assert that they are the lenders who originated or acquired the loan. Which is it? ANSWER: NEITHER! The banks used the money of all investors from a commingled fund undifferentiated by any of the Trust acronyms, and then claimed whatever was convenient. And nobody is talking about this crime. The investors are the ONLY parties with an equitable claim for payment but are not protected by either the false note or false mortgage — both of which were converted to the apparent ownership of dozens of players who participated in this scheme. In the meanwhile the Banks and servicers are eating away at any semblance of recovery for the investors by asserting improper claims for fees, costs and advances.

If you sit down with pencil and paper you can understand that by hiding a 10% APR loan in a 5% APR portfolio they were able to “sell” the loan to the “trust” — on paper without any consideration — and book a false “trading profit” equal to the amount of the loan. Do the Math. The media is either ignoring the truth or don’t understand it.
Those trusts were never active, never got any money from the sale of their “mortgage backed securities”, never had a bank account and never had a financial statement, which on the reporting trusts would have been filed with the SEC. Instead they filed rule 15 forms saying they had nothing further to report.
They are hiding behind the cloak of another part of that rule that says reporting can stop when the number of investors falls below 300. But these trusts never had more than 300 investors at inception or any other time. They only filed on some of the trusts to give the appearance of propriety when in fact the BANKS were taking the entire proceeds of the sale of the mortgage backed securities issued BY THE TRUSTS and pocketing it. Then they used only as much of the Investor money as was necessary to give the appearance of a loan pool that was originated or acquired by the trust when no such transaction ever occurred. In short the were treating the offering of MBS issued by the Trust as though it was offering of the Bank. The “Trust’ was merely a 100% controlled entity of the Bank existing only on paper and not at law.

2. The same logic applies to the sale of the mortgage backed securities. The banks were not buying them, they were selling them. So the entire “loss” myth is merely a continuation of the fraud the Banks perpetrated on the investors and then the borrowers — violating the law and creating the illusion of a lender who was really not the lender.

That is important because it violates the federal law against the practice of table-funded loans. But more importantly, a party who does not loan money to a borrower has no right to be on the note and mortgage. And parties who make claims based upon the note and mortgage are really pursing their own interests and thus perpetrating a fraud upon the court, contrary to the interests of the investors whose money was procured by trick and deceit.

Lately some court have started allowing discovery to pursue this “theory” of the defense. The Banks are screaming. Enforcement of those discovery orders would reveal the true nature of the largest economic crime in human history. And the assumption expressed by many judges in open court that these are things that can be worked out by the parties later is belied by the fact that the Banks are continuing to steal what is left of the investments.

That “assumption” by the court is legislating from the bench and in direct conflict with Federal and State law regarding lending and property.

That assumption by the courts has opened a door to moral hazard that is wreaking havoc already on the West Coast and undoubtedly will soon be seen on the East Coast — total strangers discovering apparent debts owned by consumers in all sorts of loans, sending the “borrower” notices and then pressing for collection or even foreclosure. That is exactly what was revealed in the San Francisco, Osceola and dozens of other studies. Judges need to reconsider their positions. They need to make the choice between their false perception of a “free house” and a “get of jail free card.”

Casablanca Deja Vu: Shocked and Total Disbelief

Maybe it is true that some of the earlier attorneys for the banks were caught by surprise when they learned of fabrication of documents, unauthorized signatures and of course Robo signing. In this case lawyers from the state of Maine face possible discipline for their failure to take appropriate action in over 100 cases. This stems from the revelation that GMAC mortgage have an employee named Jeffrey Stephan, who was signing between 6000 and 8000 legal foreclosure documents per month without knowing anything. His job apparently was simply to sign his name. He wasn’t told anything, he didn’t see anything, and he never asked anything.  See no evil, hear no evil, speak no evil.

The law firm is Drummond and Drummond.  One of the attorneys for that firm, Paul Peck, testified at a hearing last Thursday that he was completely surprised that Stephan never read the affidavit. The problem for the firm is that they had 100 other cases in which the same employee had executed an affidavit that was being used in litigation. The firm did nothing to inform the court of the potential problem. The Bar Association is accusing the firm of violating its ethics and failing to notify the court in the other cases. There does not appear to be any allegation that the firm was complicit in the filing of a false affidavit. Most people on the foreclosure defense side of these issues believe that lawyers should be disbarred for not only failing to notify the court of the potential problem, but also failing to perform due diligence intentionally to avoid knowing that they were submitting false testimony.

While I agree that the lawyers probably had more than an inkling as to what was going on, it is my opinion that the firm should be put under supervision and probation. We are walking a fine line here and we must be careful what we wish for. Lawyer is obligated to advocate every possible position that might be beneficial to his client. If the lawyer does not absolutely know for sure that his client is lying, I think most people who are engaged in the enforcement of ethics and discipline of lawyers would agree that there is no foul. Those of you who have been represented by counsel in connection with some matter in litigation probably know that there are always more than one interpretation of the facts and always more than one opinion as to which facts are important and which are not. You expect your lawyer to use the things that are most beneficial to your position.

However, that said, I think the attorneys who used those affidavits after hearing the revelation about GMAC mortgage and subsequent revelations are in a different position. For self-preservation alone they had an obligation to inquire. They might face liability for their part in submitting false testimony to the courts of various states. Their insurance company will probably take the position that they were committing an intentional act for the benefit of preserving an extraordinarily large channel of fee revenue.  I think the insurance company would be right. And I think that those attorneys should face harsh discipline.

With all that we know about fraudulent conduct of all of our major financial institutions, which so far has resulted in perhaps $200 billion in settlements, it is hard to imagine why any attorney would not closely scrutinize documents submitted for support of a foreclosure action unless they were intentionally avoiding information that they knew or should have known existed. Of course each such case should be examined separately on its own fact pattern. Not all lawyers work for a foreclosure mill should be subject to major discipline or even investigation. The layering that  occurred on Wall Street was also happening in the foreclosure mills. They were creating imaginary lines so that they could throw the junior associates under the bus if the truth was exposed. I would advocate that the junior associates should be given immunity from prosecution and that the  discipline should be directed at the managing partners who were aware of the issues.

Maine Lawyers in Foreclosure Mill Face Discipline

 Of course all of this is just a distraction from the main question, to wit: why was it necessary to fabricate documents, commit perjury, and create all of this layering if the loans were actually enforceable?

My answer is the same as the allegations made by the investors who thought they were buying mortgage bonds, the insurers who thought that they were paying broker-dealers who had a loss, and the guarantors who thought that they were paying broker-dealers who had a loss. They are all claiming (in an out-of-court) that the broker-dealers committed fraud and mismanagement of money.

In plain language they are alleging that the investment banks (broker-dealers) stole the money that was intended to be invested in the trusts. They are alleging that the investment banks created a web of controlled companies that served as sham originators  on loans that were made using the money that investors advanced for the purchase of mortgage bonds issued by a REMIC trust that turned out to be unfunded and without any assets or income.  They are alleging that the mortgage documents are unenforceable.  Don’t take my word for it —  you can Google up the complaints and read it for yourself.

It must be fair to assume that the investment banks would not pay $200 billion unless they were saving themselves from liability for much more than that. It is also fair to assume that the settlements with the investors reduced the loss of the investors.  Therefore is also fair to assume that any demand for payment that does not reflect a reduction in principal (and therefore a reduction in interest) is wrong. Any notice of default would similarly be defective and so would the notice of acceleration. Any lawsuit were nonjudicial foreclosure  would also be defective. The parties involved have actual knowledge of both the documentary problems outlined in the case above in Maine and the money problems that have been announced with great fanfare.

So the question is why isn’t the borrower getting credit on the loan account when these settlements occur and can be allocated to the loan account?  If the actual creditor has experienced a reduction in the account receivable, what is the basis for allowing anyone to claim that the full amount is still due?

And that leads to my final question of the day, to wit: why would anyone try to claim that the full amount is due and enter into needless litigation?  I can think of no answer other than pure greed and the failure to present this question properly  in a court of law.

After seeing the above article, our own Dan Edstrom, Senior Securitization Analyst adds the following:

 

Excellent article.  Here is what I have seen in a case that seems to relate to that duty:
Without good cause Deutsche, OneWest, attorney ******** and the Law Firm ****** relied on preposterous representations from the invalid Proof of Claim and closed their eyes to avoid discovery of the truth.  See In re Eashai, 87 F.32 1082, 1090-91 (9th Cir. 1996); In re Apte, 180 B.R. 223 (9th Cir. BAP 1995); See CA. Civ. Code § 1710.  See also Townsend v. Holman Consulting Corp., en banc, 929 F2d 1358 (9th Cir. 1990), “sanctions may be imposed for failure to conduct reasonable investigation before filing complaint”.  See: In re Villa Madrid, 110 B.R. 919 (9th Cir. B.A.P. 1990), Sanctions on attorney for filing bad faith bankruptcy petition (comparable in this case to filing a bad faith Proof of Claim and then under F.R.B.P. Rule 9011(b) the attorney “later advocates” the creditors claim).  Once again see Keystone Driller Co. v. General Excavator CO., supra, 290 U.S. 240 (1933) “that [290 U.S. 240, 245] whenever a party who, as actor, seeks to set the judicial machinery in motion and obtain some remedy, has violated conscience, or good faith, or other equitable principle, in his prior conduct, then the doors of the court will be shut against him in limine; the court will refuse to interfere on his behalf, to acknowledge his right, or to award him any remedy.”

 

Monday Livinglies Magazine: Crime and Punishment

Steal this Massachusetts Town’s Toughest New Foreclosure Prevention Ideas
http://www.keystonepolitics.com/2013/06/steal-this-massachusetts-towns-toughest-new-foreclosure-prevention-ideas/

Florida leads nation in vacated foreclosures — and it’s not even close http://www.thefloridacurrent.com/article.cfm?id=33330748

Editor’s Note:  it is only common sense. There are several things that are known with complete certainty in connection with the mortgage mess.

  • We know that the banks found it necessary to forge, fabricate and alter legal documents illegally in order to create the illusion that foreclosure was proper.
  • We know that the banks manipulated the published rates on which adjustable mortgages changed their payments.
  • We know that the banks typically abandon any property that the bank has deemed to be undesirable (then why did they foreclose, when they had a perfectly good homeowner who was willing to pay something including the maintenance and insurance of the house?).
  • And we can conclude that it is far more important to the banks that they be able to foreclose and have the deed issued then to actually take possession of the property for sale or rental.
  • And so we know that the mortgage and foreclosure markets have been turned on their heads. Lynn, Massachusetts has adopted a series of regulations which appeared to be constitutional and which make it very difficult for the banks to turn neighborhoods that were thriving into blight.  The actions of this city and others who are taking similar actions will continue to reveal the true nature of the mortgage encumbrances (the lanes were never perfected because the loan was never made by the party that is claiming to be secured) and the true nature of foreclosures (the cover-up to a Ponzi scheme and an illegal securities scam that does not and never did fall within the exemptions of the 1998 law claimed by the banks).

The Bank Of International Settlements Warns The Monetary Kool-Aid Party Is Over
http://www.zerohedge.com/news/2013-06-23/bank-international-settlements-warns-monetary-kool-aid-party-over

Wells Fargo Sells Woman’s House In Foreclosure After She Reinstates Loan for $141,441.81
http://4closurefraud.org/2013/06/20/wells-fargo-sells-womans-house-in-foreclosure-after-she-reinstates-loan-for-141441-81/

Editor’s Note: In all of these cases you need to start with the premise that the bank has a gargantuan liability in the event that it took insurance, credit default swap proceeds, federal bailouts, or the proceeds of sales of mortgage bonds to the Federal Reserve. Most experts in finance and economics agree that if the Federal Reserve stops making payments on the “purchase” of mortgage bonds the entire housing market will collapse. I don’t agree.

It is the banks that will collapse in the housing market will finally recover bringing the economy back up with it. The problem for the Federal Reserve and the economy is that most likely they are buying worthless paper issued by a trust that was never funded and that therefore could never have purchased any loan. Thus the income and the collateral of the mortgage bond is nonexistent.

Many people in the financial world completely understand this and are terrified at the prospect of the largest banks being required to mark down their reserve capital;  if this happens, and it should, these banks will lack the capital to continue functioning as a mega-bank.

So why would a bank foreclose on house on which there was no mortgage and/or no default? The answer lies in the fact that they have accepted money from third parties on the premise that they lost money on these mortgages. If that turns out not to be true (which it isn’t) then they most probably owe a lot of money back to those third parties.

My estimate is that in the average case they owe anywhere from 7 to 40 times the amount of the mortgage loan.  It is simply cheaper to settle with the aggrieved homeowner even if they pay damages for emotional distress (which is permitted in California and perhaps some other states); it is even cheaper and far more effective for the bank to give the house back without any encumbrance to the homeowner. Without the foreclosure becoming final or worse yet, as the recent revelations from Bank of America clearly show, if the loan is modified and becomes a performing loan all of that money is due back to all of those third parties.

“Deed-In-Lieu” of Foreclosure and Other Things
http://www.fxstreet.com/education/related-markets/lessons-from-the-pros-real-estate/2013/06/20/

Editor’s Note: This has come up many times in  questions and discussions regarding dealing with the Wall Street banks. It seems that the banks have borrowers thinking that in order to file a deed in lieu of foreclosure they need the permission of the bank. I know of no such provision in the law of any state preventing the owner of the property from deeding the property to anyone.  Several lawyers are seeing an opportunity, to wit: once the homeowner deeds the properties to the party pretending to foreclose on the property, the foreclosure action against the homeowner must be dismissed. That leaves the question of a deficiency judgment.

The advantages to the homeowner appears to be that any lawsuit seeking to recover a deficiency judgment would be strictly about money and would require the allegation of a monetary loss and proof of the monetary loss which would enable the homeowner, for the first time, to pursue discovery on the money trail because there is no other issue in dispute.

In the course of that litigation the discovery may reveal the fact that the party who filed the foreclosure and misrepresented their right to the collateral would be subject to various causes of action for damages as a counterclaim; but the counterclaim would not be filed until after discovery revealed the problem for the “lender.” Therefore several lawyers are advising their clients to simply file the deed in favor of the party seeking foreclosure based upon the representation that they are in fact the right party to obtain a sale of the property.

The lawyers who are using this tactic obviously caution their clients against using it unless they are already out of the house or are planning to move. Homeowners who are looking to employ this tactic should check with a licensed attorney in the jurisdiction in which their property is located.

Must See Video: Arizona Homeowners Losing their Homes to Foreclosure Through Forged Documents
http://4closurefraud.org/2013/06/21/must-see-video-arizona-homeowners-losing-their-homes-to-foreclosure-through-forged-documents/

Monitor Finds Mortgage Lenders Still Falling Short of Settlement’s Terms

By SHAILA DEWAN

The biggest mortgage lenders in the United States have not met all of the terms of the $25 billion settlement over abuses, an independent monitor found.

British Commission Calls for New Laws to Prosecute Bankers for Fraud

By MARK SCOTT

As part of a 600-page report, the British parliamentary commission on banking standards is urging new laws that would make it a criminal offense to recklessly mismanage local financial institutions.

A Fit of Pique on Wall Street

By PETER EAVIS

Perhaps more than at any time since the financial crisis, Wall Street knows it must prepare for a world without the Federal Reserve’s largess.

S.E.C. Has a Message for Firms Not Used to Admitting Guilt

By JAMES B. STEWART

By requiring an admission of guilt in some cases, the S.E.C.’s new chairwoman is pressing for more accountability at financial firms.

Bank of America’s Foreclosure Frenzy
http://ml-implode.com/staticnews/2013-06-24_BankofAmericasForeclosureFrenzy.html

CORRUPTION OF TITLE CHAINS IS PANDEMIC

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Editor’s Notes:  

As we predicted more and more County recorder offices are suing to collect transfer fees on loans that have gone to foreclosure under the allegation that a valid loan and lien was transferred.  Expect other revenue collectors in the states to start doing the same for registration fees, taxes, interest, penalties and fines. This battle is just beginning. We are now about to enter the phase of finger pointing in which each type of defendant — bank, servicer, MERS, Fannie, Freddie etc. defends with varying exotic defenses that more or less point the finger at some other part of the securitization chain. 
The real story is that title chains have been irretrievably corrupted — which means that title cannot be established by using the documents alone. Parole evidence from witnesses and production of back-up documents must show the path of the loan and the proof that the transaction was real. Defenders of these lawsuits may be forced to admit that there was no actual financial transaction and that the assignments were assignments of “convenience” negating the reality of the transfer or of any transaction at all. 
Either way they are going to have a problem that can’t be fixed. They can’t prove up the documents because the documents are contrary to the path of monetary transactions and recite facts that are untrue —- in addition to the fact that the documents themselves were fabricated, forged, robo-signed and fraudulently presented. This is why I say that regardless of how hard anyone tries to do the wrong thing, the only right way to correct these problems is to negate the foreclosures that have already been concluded, stop the ones that are being conducted in the same way as the old way, and make them prove up their right to foreclose. They either must admit that there were not valid transactions — including the original note and mortgage — or they won’t be able to prove a valid transaction because the money came from sources other than those shown on the closing documents. 
The actual sources of the money loaned the money to borrowers without documentation believing they had the documentation. But the mere fact that borrowers signed documents is not an invitation for any stranger to imply that it was for their benefit. For these reasons the mortgage in most cases was never perfected into a valid lien and cannot be perfected without corrective instruments signed by the borrower or upon some order by a court. But the courts are going to be far more careful about the proof here. Most Judges are going to take the position that they could be fooled once when the foreclosure originally went through on the premise of valid documents and an actual financial transaction attached to THOSE documents, but that they won’t be fooled a a second time. They will demand proof. And proof according to the normal rules of evidence is completely lacking because the entire securitization chain was a lie from one end to the other.
The borrower will end up owing the money less offsets for payments received by the real creditor, once the identity of the real creditor is revealed, but the absence of a mortgage or deed of trust naming that actual creditor will void the mortgage and negate the credit bid at the auction.

Ohio lawsuit accuses Freddie Mac of fraud

by Tara Steele

The battle between Fannie Mae, Freddie Mac, and various government entities continues, each taking a different approach on the battlefield.

Freddie Mac sued by county in Ohio

Last year, Mortgage Electronic Registration Systems Inc. (MERS) became the subject of lawsuits from counties across the nation as District Attorneys allege the company never owned the loans they were facilitating foreclosures for, and in most cases, judges agree, and their authority to facilitate has been denied in several counties. Dallas County alleges the mortgage-tracking system violates Texas laws and shorted the county anywhere from $58 million to over $100 million in uncollected filing fees due to the MERS system, dating back to 1997.

Others sued MERS as well; in February, in the U.S. Court for the Western District of Kentucky, Chief Judge Joseph McKinley Jr. dismissed a lawsuit filed by the Christian County Clerk, denying relief to the County for the same relief sought by Dallas County and others.

Rampant mortgage fraud, continued robosigning

Studies have shown that MERS destroyed the chain of title in America, and other studies reveal that illegal robosigning is still in play, and that foreclosure fraud has occurred in themajority of loans.

As the courts have not yet rewarded cities, counties, or states pursuing action against MERS, other tactics are being taken by these entities, for example, Louisiana is using RICO laws to sue MERS.

Summit County, Ohio taking a different approach

Summit County, Ohio filed a lawsuit1 Tuesday against Freddie Mac, alleging a failure to pay fees on transfer taxes on over 3,500 real estate transactions over six years. Court documents show that the Federal Home Loan Mortgage Corporation is accused of committing fraud by claiming it was a government entity, thereby exempt from transfer taxes. The County has not released a final assessment of the amount they believe is due, but they will also be seeking interest and penalties.

This approach is far different than going after MERS (which coincidentally was established by Fannie Mae and Freddie Mac over 15 years ago), rather going directly after the still-functioning Freddie Mac.

“The reality is Freddie Mac is a federally chartered, private corporation and they should have been paying these fees and taxes,” Assistant Prosecutor Joe Fantozzi told the Akron Beacon Journal.

Freddie Mac and Fannie Mae began paying transfer taxes in 2009, so the lawsuit is only seeking transfer taxes due from 2002 through 2008, which in Summit County are $4 per $1,000 on all real estate transactions. Additionally, the county also charges a 50-cent lot fee and recording fees, which are $28 for the first two pages and $8 for each additional page.

Fannie Mae not named, FHFA already fighting back

Although Geauga County in Ohio sued MERS, Chase Bank, and CoreLogic, the Akron Beacon Journal reports that Summit County is believed to be the first county in the state to file legal action against Freddie Mac. Fannie Mae was not named in the suit due to the low volume of mortgages in the county it handled during the time period.

The Federal Housing Finance Agency (FHFA), the conservator of Fannie and Freddie, is fighting back on these same battle lines, suing in Illinois to validate the two mortgage giants’ tax-exempt status, the Chicago Tribune reported. This move is likely an effort to circumvent more lawsuits like the one currently being filed in Summit County.

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Editor’s Comment: The very same people who so ardently want us to remain strong and fight wars of dubious foundation are the ones who vote against those who serve our country. Here is a story of a guy who was being shot at and foreclosed at the same time — a blatant violation of Federal Law and good sense. When I practiced in Florida, it was standard procedure if we filed suit to state that the defendant is not a member of the armed forces of the United States. Why? Because we don’t sue people that are protecting our country with their life and limb.

It IS that simple, and if the banks are still doing this after having been caught several times, fined a number of times and sanctioned and number of times, then it is time to take the Bank’s charter away. Nothing could undermine the defense and sovereignty of our country more than to have soldiers on the battlefield worrying about their families being thrown out onto the street.

One woman’s story:

My husband was on active duty predeployment training orders from 29 May 2011 to 28 August 2011 and again 15 October 2011 to 22 November 2011. He was pulled off the actual deployment roster for the deployment date of 6 December 2011 due to the suspension of his security clearance because of the servicer reporting derogatory to his credit bureau (after stating they would make the correction). We spoke with the JAG and they stated those periods of service are protected as well as nine months after per the SCRA 50 USC section 533.

We have been advised that a foreclosure proceeding initiated within that 9 month period is not valid per the SCRA. I have informed the servicer via phone and they stated their legal department is saying they are permitted to foreclose. They sent a letter stating the same. I am currently working on an Emergency Ex Parte Application for TRO and Preliminary Injunction to file in federal court within the next week. It is a complicated process.

The servicer has never reported this VA loan in default and the VA has no information. That is in Violation of VA guidelines and title 38. They have additionally violated Ca Civil Code 2323.5. They NEVER sent a single written document prior to filing NOD 2/3/2012. They never made a phone call. They ignored all our previous calls and letter. All contact with the servicer has been initiated by us, never by them. This was a brokered deal. We dealt with Golden Empire Mortgage. They offered the CalHFA down payment assistance program in conjunction with their “loan” (and I use that term loosely). What we did not know was that on the backside of the deal they were fishing for an investor.

Over the past two years CalHFA has stated on numerous occasions they do not own the 1st trust deed. Guild (the servicer) says they do. I have a letter dated two weeks after closing of the loan saying the “servicing” was sold to CalHFA. Then a week later another letter stating the “servicing” was sold to Guild. Two conflicting letters saying two different things. The DOT and Note are filed with the county listing Golden Empire Mortgage as the Lender, North American Title as the Trustee and good old MERS as the Nominee beneficiary.

There is no endorsement or alonge anywhere in the filing of the county records. We signed documents 5/8/2008 and filings were made 5/13/2008. After two years of circles with Guild and CalHFA two RESPA requests were denied and I was constantly being told “the investor, the VA and our legal department” are reviewing the file to see how to apply the deferrment as allowed by California law and to compute taxes and impound we would need to pay during that period. Months of communications back in forth in 2009 and they never did a thing. Many calls to CalHFA with the same result. We don;t own it, call Guild, we only have interest in the silent 2nd.

All of a sudden in December 2011 an Assignment of DOT was filed by Guild from Golden Empire to CalHFA signed by Phona Kaninau, Asst Secretary MERS, filed 12/13/2011. om 2/3/2012 Guild filed a Cancellation of NOD from the filing they made in 2009 signed by Rhona Kaninau, Sr. VP of Guild. on the same date Guild filed a substitution of trustee naming Guild Admin Corp as the new trustee and Golden Empire as the old trustee, but on out DOT filed 5/13/2008 it lists North American Title as the Trustee. First off how can Rhona work for two different companies.

Essentially there is no fair dealing in any of this. Guild is acting on behalf of MERS, the servicing side of their company, and now as the trustee. How is that allowed? Doesn;t a trustee exist to ensure all parties interests are looked out for? It makes no sense to me how that can be happening. On the assignment I believe there is a HUGE flaw… it states ….assigns, and transfers to: CalHFA all beneficial interest…..executed by Joshua as Trustor, to Golden Empire as Trustee, and Recordeed….. how can you have two “to’s” .. shouldn’t after Trustor it say FROM???? Is that a fatal flaw???

And then looking at the Substitution it states “Whereas the undersigned present Beneficiary under said Deed of Trust” (which on the DOT at that time would show MERS but on the flawed assignment says Golden Empire was the trustee), it then goes on the say “Therefore the undersigned hereby substitutes GUILD ADMIN CORP” and it is signed “Guild Mortgage Company, as agent for CalHFA”, signed by Rhona Kaninau (same person who signed the assignment as a MERS Asst Secretary). I mean is this seriously legal??? Would a federal judge look at this and see how convoluted it all is?

I appreciate the offer of the securitization discount but in out current economic situation and having to pay $350 to file a federal case we just can’t afford it right now. I hope you will keep that offer open. Will this report cover tracking down a mortgage allegedly backed by CalHFA bonds? This is their claim.

Thank you so much for your assistance. This is overwhelming. Do you have any attorneys here in Southern California you world with I might be able to talk to about what they would charge us for a case like this?

Now They See the Light — 40% of Homes Underwater

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Editor’s Comment:

They were using figures like 12% or 18% but I kept saying that when you take all the figures together and just add them up, the number is much higher than that. So as it turns out, it is even higher than I thought because they are still not taking into consideration ALL the factors and expenses involved in selling a home, not the least of which is the vast discount one must endure from the intentionally inflated appraisals.

With this number of people whose homes are worth far less than the loans that were underwritten and supposedly approved using industry standards by “lenders” who weren’t lenders but who the FCPB now says will be treated as lenders, the biggest problem facing the marketplace is how are we going to keep these people in their homes — not how do we do a short-sale. And the seconcd biggest problem, which dovetails with Brown’s push for legislation to break up the large banks, is how can we permit these banks to maintain figures on the balance sheet that shows assets based upon completely unrealistic figures on homes where they do not even own the loan?

Or to put it another way. How crazy is this going to get before someone hits the reset the button and says OK from now on we are going to deal with truth, justice and the American way?

With no demographic challenges driving up prices or demand for new housing, and with no demand from homeowners seeking refinancing, why were there so many loans? The answer is easy if you look at the facts. Wall Street had come up with a way to get trillions of dollars in investment capital from the biggest managed funds in the world — the mortgage bond and all the derivatives and exotic baggage that went with it. 

So they put the money in Superfund accounts and funded loans taking care of that pesky paperwork later. They funded loans and approved loans from non-existent borrowers who had not even applied yet. As soon as the application was filled out, the wire transfer to the closing agent occurred (ever wonder why they were so reluctant to change closing agents for the convenience of the parties?).

The instructions were clear — get the signature on some paperwork even if it is faked, fraudulent, forged and completely outside industry standards but make it look right. I have this information from insiders who were directly involved in the structuring and handling of the money and the false securitization chain that was used to cover up illegal lending and the huge fees that were taken out of the superfund before any lending took place. THAT explains how these banks are bigger than ever while the world’s economies are shrinking.

The money came straight down from the investor pool that included ALL the investors over a period of time that were later broker up into groups and the  issued digital or paper certificates of mortgage bonds. So the money came from a trust-type account for the investors, making the investors the actual lenders and the investors collectively part of a huge partnership dwarfing the size of any “trust” or “REMIC”. At one point there was over $2 trillion in unallocated funds looking for a loan to be attached to the money. They couldn’t do it legally or practically.

The only way this could be accomplished is if the borrowers thought the deal was so cheap that they were giving the money away and that the value of their home had so increased in value that it was safe to use some of the equity for investment purposes of other expenses. So they invented more than 400 loans products successfully misrepresenting and obscuring the fact that the resets on loans went to monthly payments that exceeded the gross income of the household based upon a loan that was funded based upon a false and inflated appraisal that could not and did not sustain itself even for a period of weeks in many cases. The banks were supposedly too big to fail. The loans were realistically too big to succeed.

Now Wall Street is threatening to foreclose on anyone who walks from this deal. I say that anyone who doesn’t walk from that deal is putting their future at risk. So the big shadow inventory that will keep prices below home values and drive them still further into the abyss is from those private owners who will either walk away, do a short-sale or fight it out with the pretender lenders. When these people realize that there are ways to reacquire their property in foreclosure with cash bids that are valid while the credit bid of the pretender lender is invlaid, they will have achieved the only logical answer to the nation’s problems — principal correction and the benefit of the bargain they were promised, with the banks — not the taxpayers — taking the loss.

The easiest way to move these tremendous sums of money was to make it look like it was cheap and at the same time make certain that they had an arguable claim to enforce the debt when the fake payments turned into real payments. SO they created false and frauduelnt paperwork at closing stating that the payee on teh note was the lender and that the secured party was somehow invovled in the transaction when there was no transaction with the payee at all and the security instrumente was securing the faithful performance of a false document — the note. Meanwhile the investor lenders were left without any documentation with the borrowers leaving them with only common law claims that were unsecured. That is when the robosigning and forgery and fraudulent declarations with false attestations from notaries came into play. They had to make it look like there was a real deal, knowing that if everything “looked” in order most judges would let it pass and it worked.

Now we have (courtesy of the cloak of MERS and robosigning, forgery etc.) a completely corrupted and suspect chain of title on over 20 million homes half of which are underwater — meaning that unless the owner expects the market to rise substantially within a reasonable period of time, they will walk. And we all know how much effort the banks and realtors are putting into telling us that the market has bottomed out and is now headed up. It’s a lie. It’s a damned living lie.

One in Three Mortgage Holders Still Underwater

By John W. Schoen, Senior Producer

Got that sinking feeling? Amid signs that the U.S. housing market is finally rising from a long slumber, real estate Web site Zillow reports that homeowners are still under water.

Nearly 16 million homeowners owed more on their mortgages than their home was worth in the first quarter, or nearly one-third of U.S. homeowners with mortgages. That’s a $1.2 trillion hole in the collective home equity of American households.

Despite the temptation to just walk away and mail back the keys, nine of 10 underwater borrowers are making their mortgage and home loan payments on time. Only 10 percent are more than 90 days delinquent.

Still, “negative equity” will continue to weigh on the housing market – and the broader economy – because it sidelines so many potential home buyers. It also puts millions of owners at greater risk of losing their home if the economic recovery stalls, according to Zillow’s chief economist, Stan Humphries.

“If economic growth slows and unemployment rises, more homeowners will be unable to make timely mortgage payments, increasing delinquency rates and eventually foreclosures,” he said.

For now, the recent bottoming out in home prices seems to be stabilizing the impact of negative equity; the number of underwater homeowners held steady from the fourth quarter of last year and fell slightly from a year ago.

Real estate market conditions vary widely across the country, as does the depth of trouble homeowners find themselves in. Nearly 40 percent of homeowners with a mortgage owe between 1 and 20 percent more than their home is worth. But 15 percent – approximately 2.4 million – owe more than double their home’s market value.

Nevada homeowners have been hardest hit, where two-thirds of all homeowners with a mortgage are underwater. Arizona, with 52 percent, Georgia (46.8 percent), Florida (46.3 percent) and Michigan (41.7 percent) also have high percentages of homeowners with negative equity.

Turnabout is Fair Play:

The Depressing Rise of People Robbing Banks to Pay the Bills

Despite inflation decreasing their value, bank robberies are on the rise in the United States. According to the FBI, in the third quarter of 2010, banks reported 1,325 bank robberies, burglaries, or other larcenies, an increase of more than 200 crimes from the same quarter in 2009. America isn’t the easiest place to succeed financially these days, a predicament that’s finding more and more people doing desperate things to obtain money. Robbing banks is nothing new, of course; it’s been a popular crime for anyone looking to get quick cash practically since America began. But the face and nature of robbers is changing. These days, the once glamorous sheen of bank robberies is wearing away, exposing a far sadder and ugly reality: Today’s bank robbers are just trying to keep their heads above water.

Bonnie and Clyde, Pretty Boy Floyd, Baby Face Nelson—time was that bank robbers had cool names and widespread celebrity. Butch Cassidy and the Sundance Kid, Jesse James, and John Dillinger were even the subjects of big, fawning Hollywood films glorifying their thievery. But times have changed.

In Mississippi this week, a man walked into a bank and handed a teller a note demanding money, according to broadcast news reporter Brittany Weiss. The man got away with a paltry $1,600 before proceeding to run errands around town to pay his bills and write checks to people to whom he owed money. He was hanging out with his mom when police finally found him. Three weeks before the Mississippi fiasco, a woman named Gwendolyn Cunningham robbed a bank in Fresno and fled in her car. Minutes later, police spotted Cunningham’s car in front of downtown Fresno’s Pacific Gas and Electric Building. Inside, she was trying to pay her gas bill.

The list goes on: In October 2011, a Phoenix-area man stole $2,300 to pay bills and make his alimony payments. In early 2010, an elderly man on Social Security started robbing banks in an effort to avoid foreclosure on the house he and his wife had lived in for two decades. In January 2011, a 46-year-old Ohio woman robbed a bank to pay past-due bills. And in February of this year, a  Pennsylvania woman with no teeth confessed to robbing a bank to pay for dentures. “I’m very sorry for what I did and I know God is going to punish me for it,” she said at her arraignment. Yet perhaps none of this compares to the man who, in June 2011, robbed a bank of $1 just so he could be taken to prison and get medical care he couldn’t afford.

None of this is to say that a life of crime is admirable or courageous, and though there is no way to accurately quantify it, there are probably still many bank robbers who steal just because they like the thrill of money for nothing. But there’s quite a dichotomy between the bank robbers of early America, with their romantic escapades and exciting lifestyles, and the people following in their footsteps today: broke citizens with no jobs, no savings, no teeth, and few options.

The stealing rebel types we all came to love after reading the Robin Hood story are gone. Today the robbers are just trying to pay their gas bills. There will be no movies for them.

National Notary Association Takes Up Robosigning

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Editor’s Comment: 

National Notary Association to take Up Issue of  Forgery, Robosigning and attesting to authority in corporate capacity.  Arizona’s Ken Bennett, Secretary of State, is among the officials leading the charge on this issue.

Notary Trade Group: Foreclosure Fraud Crisis Highlights Need For Legal, Trusted, Ethical Notarizations

Posted: 21 Apr 2012 09:07 PM PDT

The National Notary Association recently announced:

§ With the foreclosure ‘robo-signing’ crisis and the National Mortgage Settlement sending shockwaves through America’s mortgage industry, three nationally prominent Secretaries of State will convene a special Keynote Panel at the National Notary Association’s 34th Annual Conference this June to discuss the growing demand for trusted, legal notarizations, and what Notaries need to do to increase public protections and reduce liability risks.

§ Secretaries of State Elaine Marshall of North Carolina, Beth Chapman of Alabama, and Ken Bennett of Arizona are at the forefront of developments transforming the role of Notaries Public. Their insights will be a highlight of Conference 2012 — especially in light of mounting nationwide concerns over notarial compliance and risk management.

§ We are pleased that these three influential Secretaries — all of whom are among the top minds in notarial issues — will join us to address the nation’s Notaries and their employers during this critical time,” said NNA President and Chief Executive Officer Thomas A. Heymann.

§ The foreclosure crisis put the spotlight squarely on the high value of legal and ethical notarizations. These Secretaries will provide their perspectives on what needs to be done to strengthen the notarial process and avoid these types of financial crises.”

For more, see Secretaries of State to Address Notary Compliance, Liability, Consumer Protection Following National Mortgage Settlement(Distinguished State Leaders Will Convene Keynote Panel at the National Notary Association’s 2012 Conference in San Diego).

Whitewashing at the Fed and the SEC: Pennies on the Dollar

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EDITOR’S COMMENT: Money makes its own morality. Here again the FED and the SEC are planning to slap the wrist of criminals with fines amounting to rounding errors on the scope of theft these people committed. Martha Stewart went to jail and paid a $30,000 fine for an alleged infraction worth $46,000. Nobody has gone to jail yet for what is clearly criminal fraud. At this point in the savings and loan scandal in the 1980’s more than 800 people from high up to down low, were spending their time counting the days in prison. The system has been hijacked by the rule of men instead of the rule of law. And the men who rule answer to only one higher power: MONEY.

Fed to Announce Monetary Penalties for Robo-Signing and Unsafe Practices ; Another Whitewashing Move by the SEC

SEE FED TO ANNOUNCE PENALTIES FOR ROBOSIGNING

Courtesy of Mish

The always behind-the-curve Fed seeks to fine mortgage servicers for unsafe practices and robo-signing with an amount dependent on allegedly independent review by consultants.

Federal Reserve Governor Sarah Bloom Raskin on Saturday said the Fed must impose monetary penalties on banks who entered into an April agreement with regulators over how to fix problems in their mortgage servicing businesses.
“The Federal Reserve and other federal regulators must impose penalties for deficiencies that resulted in unsafe and unsound practices or violations of federal law,” Raskin said in remarks prepared for delivery to the Association of American Law Schools. “The Federal Reserve believes monetary sanctions in these cases are appropriate and plans to announce monetary penalties.”
In April, 14 mortgage servicers, including Bank of America and JPMorgan Chase entered into a settlement with the Fed, the Office of the Comptroller of the Currency and the now defunct Office of Thrift Supervision on steps that have to be taken to correct and improve their servicing practices, such as providing borrowers with a single point of contact for questions.
As part of the agreement, these mortgage servicers have hired consultants to review foreclosures that took place in 2009 and 2010 to see if any were improper.
Regulators have said these reviews will help determine the size of any penalties the servicers will have to pay.

Expect Trivial Penalties, Spread a Mile Wide

Don’t expect this announcement to amount to much of anything. Penalties, if any will be trivial and the fines are nearly guaranteed to not benefit those harmed in any substantial way. Instead, expect fines to be spread out to include those not harmed at all.

 

ROBOSIGNING IN RESALES AND REFINANCING: MASSIVE TITLE PROBLEM

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In reviewing the title chain going back further than the current homeowner in foreclosure, I discovered some familiar names, like Linda Green, who signed a satisfaction of mortgage on one deal that was “refinanced.” Up until now, we have been focused strictly on the current customer who is the current homeowner or last person to own the property before it was sold at “auction” for a “credit bid.”

The reason we limit our search to a specific loan (which is why it is called a loan specific title search) is that going back further takes a lot more time and work, it is more expensive, and the Judges wrinkle their noses at the prospect of dredging up old transactions in which the homeowner in front of them was not a party. But like it or not, these findings indicate that Judges are going to need to take a close look at issues, if they are presented to the Judge, when there is a question of clear title back before the current homeowner got involved.

Based upon my sampling, it would appear that the use of “surrogate signors” (robosigners) was pandemic in the processing of transactions in which there was a sale of a home or refinancing of a home in which the “old” mortgage was replaced by a “new” mortgage. It makes sense since the old originator was often not even in existence at the time of the new transaction.

The “old” mortgage appears to be signed in many cases by a party that is a known robosigning name, in which it is doubtful that that Linda Green signed the document, doubtful that whoever did sign the satisfaction of mortgage on the “old” loan ever had the authority to do so, or ever knew what they were signing.

It gets worse. If the sampling is correct, then that means the payoff on the “old” mortgage went to the wrong party and the entity that signed the satisfaction of mortgage (or release and reconveyance in non-judicial states) was also the wrong party. That means there is a giant hole, not just a break, in the chain of title. It also means that for those who entered into such transactions, they might think they only have one mortgage, but they might have two or more mortgages that remain unsatisfied in their title chain.

The title companies are well aware of this issue, based upon my interviews with people who are in the title business, including the head of one title company. Whose obligation is it to clear the title and when should the effort be made to clear the title? Normally the industry practice is to take care of title problems as soon as they are discovered to avoid consequential financial damages to the homeowner when it comes time to resell or refinance the property. This process could take years of litigation. The old title policies don’t contain exclusions for securitization claims, so you can apply pressure to them to clear up the problem. But I already know that the line they are going to use is that “we did not insure that risk.”

The buyers of foreclosed properties should look carefully at the title policy they are receiving. It is almost guaranteed that the title policy excludes the risks outlined in this article. You need to argue for removal of those exclusions from the commitment and the policy. It is unfortunately necessary to check on the title company and order your own title search from someone who understands about robosigning, title, and securitization. Going back to previous owners is more expensive than the usual loan specific title search we do. So we are working up a service that fulfills this need in the least expensive way possible.

In the meanwhile, if you want your title policy analyzed by one of our experts, you can write to neilfgarifeld@hotmail.com and you will be given a quote for the work to be done. It will include a title search going back in time to as far as the 1990’s and an analysis of the documents of record to detect any potential problems in the title chain caused by claims of securitization. Your attorney, if you have one, should be questioned before you enter into any of these transactions. If he or she is unfamiliar with the issues of robosigning, securitization and fabricated documents, you made need to search for someone who does understand it.


Three more notaries charged in Nevada robo-signing scandal: Who Will Flip?

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EDITOR’S NOTE: It seems only a matter of time — very little time — before some of these notaries and others whose stamps and signatures were used, along with the supposed witnesses strike a deal with prosecutors and allow diligent prosecutors to move up the food chain to the highest players. Whoever they are, wherever they are, they better move fast to strike that deal because in these cases FIRST SING FIRST FREED — LAST TO SIGN GETS THE MOST TIME.

And it looks very much like the much maligned statute of limitations has been overused in quieting these people down. They have been “advised” not to say anything because they cannot be prosecuted. The complaints are quick to point out that while the crimes were committed 5-6 years ago, they were only discovered last year. In cases involving fraud, the statute usually doesn’t start to run until a reasonable person would have known sufficient facts about the fraud to allege the crime.

Three more notaries charged in Nevada robo-signing scandal
by JUSTIN T. HILLEY
Monday, December 5th, 2011, 4:27 pm

The Office of the Nevada Attorney General announced Monday that it filed complaints against three more notaries in the state’s continuing massive robo-signing investigation.

Meghan Shaw, Jennifer Bloecker and Joseph Noel were charged with notarization of the signature of a person not in their presence, a gross misdemeanor.

“These complaints are the result of notary practices which did not conform with legal requirements of our state,” said Chief Deputy Attorney General John Kelleher in a statement. “These requirements were enacted to ensure the integrity of public documents and our action today is another step in our attempt to determine those responsible.”

According to the Nevada Attorney General criminal complaint, Shaw’s and Bloecker’s alleged crimes took place in 2005 and were discovered in 2010. Noel’s alleged crimes took place in 2008 and were discovered in 2010.

“These actions were performed in a secretive manner in order that the false documents be given full legal effect and that this criminal activity not be discovered,” the complaint states.

The charges stem from the notaries’ involvement in the scheme to file fraudulent documents with the Clark County Recorder’s office. The documents, referred to as Notices of Default, were used to initiate foreclosure on local homeowners. Through an investigation led by the Attorney General’s office, the notaries charged in the case confirmed that their job duties included signing another person’s name on a document and then notarizing that signature as valid.

Last week, Las Vegas notary public Tracy Lawrence was scheduled to be sentenced for her part in a foreclosure robo-signing scheme, but was found dead in her home after failing to show up for sentencing. The local TV station referred to Lawrence as a whistleblower in a larger robo-signing investigation that resulted in the first criminal charges for the filing of faulty foreclosure documents.

Earlier in November, two employees of Lender Processing Services (LPS: 19.17 +1.48%) were indicted in Nevada on alleged robo-signing charges connected to foreclosure filings. Gary Trafford and Gerri Sheppard, both California residents described as title officers, were indicted on a total of 606 counts by a Clark County grand jury.

Shaw, Noel and Bloecker are set to make an initial appearance in court on Wednesday, December 28.

Write to Justin T. Hilley.

Follow him on Twitter @JustinHilley.

MORE RESOURCES: LIST OF ROBOSIGNORS, SIGNATURE EXAMPLES AND LINKS

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BEWARE! JUST BECAUSE YOU HAVE THE LIST DOESN’T MAKE YOU A WINNER

SEE Known or suspected robo-signers with links[1]

SEE robosigners-signatures samples[1]

SEE List of 420 Robosigners(2)

EDITOR’S NOTE: There are a lot of “services” out there that are now able to provide you with pretty reliable information as to whether one or more of the signors on your mortgage or foreclosure documents is a known robo-signer. OR YOU CAN LOOK IT UP FOR YOURSELF RIGHT HERE. SEE THE THE ABOVE LINKS.

But the issue is EVIDENCE not information. That someone has signed multiple documents with multiple signatures for multiple “employers” is information, not evidence. You will and should be thrown out of court if you think that identifying the use of a robo signer will win you your case. If it were otherwise you wouldn’t have a defense at all because it would mean that an allegation is as good as proof. And most negative impact cases are decided on the allegation that the borrower didn’t make the payments so who cares about all these technical deficiencies? The fact that the payment might not be due, or that it had already been made by the servicer or that the party claiming to collect it is improper doesn’t get a chance to be heard.

Information provides context and might be admitted as corroboration of real evidence once you have established your foundation for introducing evidence into the court proceeding. To that extent a list of robo signors might be helpful and it might not. Paying for the list will get you nothing more than another ding in your wallet since the list is right here for free.

The issue in YOUR case is whether you have one or more documents that were not properly executed and whether the execution constitutes a forgery, a fabrication, or lack of authority. The clever lawyer will force the burden onto the would-be forecloser to offer witnesses that can testify and prove the authenticity of the document, the signature and its contents. In most cases, that issue slips by and the burden shifts to the homeowner for failure to lodge an appropriate objection.

Remember also that a document can be admitted into evidence as proof of its existence, as proof of the matters recited or both.

So let’s look at what you REALLY need to do. If you think you have a robo-signor on your hands there are actually several possibilities, which is why most people are getting thrown out of court, surprised they lost their case and blaming the Judge for corruption when all he did was apply the rules of evidence. The possibilities are as follows:

  1. The signature is the signature of the person whose name is stamped or typed or written beside the signature.
  2. The signature is NOT the signature of the person whose name is stamped or typed or written beside the signature.
  3. The signature was forged.
  4. The signature was not forgedthe person simply used different signatures for different purposes.
  5. The signature was placed there with permission from the named person on whose behalf the document was signed.
  6. The signature was placed there without permission from the named person on whose behalf the document was signed.
  7. The person whose name is stamped, typed or written beside the signature was authorized to sign the document.
  8. The person whose name is stamped, typed or written beside the signature was NOT authorized to sign the document.
  9. A valid document (corporate resolution, power of attorney etc.) exists authenticating the authority of the person  whose name appears next to the signature.
  10. A valid document (corporate resolution, power of attorney etc.) does not exist authenticating the authority of the person  whose name appears next to the signature.
  11. A witness exists who can authenticate the authorizing documents for signature on the document that you are objecting to.
  12. No witness exists who can authenticate the authorizing documents on the document that you are objecting to.

Unless you know how to deal with all these possibilities, the Judge has no where to go but to say that what you have presented is interesting but it is not evidence. This is accomplished through discovery — investigation, deposition, interrogatories, requests to produce and requests for admission and being very persistent about getting real answers to real questions.

The COMBO and an Expert Witness Declaration will get you part of the way, but you need to know how to present your side of the case in an intelligible manner and quickly because the Judge is not going to give you hours to figure out how to show that the document you are challenging is not valid. Remember that failure to record or even failure to execute properly for recording does not, in and of itself invalidate a document.

Check with a lawyer licensed in the jurisdiction in which your property is located before you use this information or the services that people want to sell you. Many of those services provide information that might be valuable but only in terms of making further inquiry.

Robo-Signing – SURROGATE SIGNING: NO MAGIC BULLET

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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE

Internet resources for investigating robosigning or surrogate signing:

www.frauddigest.com

www.whatsignature.com

So you have a “known robo-signer” and you present that to the Judge. You win, right? NO!

Just as you don’t want the courts to allow foreclosure by innuendo and mere representations by counsel in court, you will be held to the same, if not greater standard of proof. You are essentially alleging perjury, misrepresentation or fraud. That requires more than a mere reference to the fact that the person’s name appears elsewhere and has been shown elsewhere to be a forgery or fabrication without knowledge of the contents of the document, whether it is an affidavit of indebtedness, Declaration in support of Motion to Lift Stay, or a Substitution of Trustee.

Your burden is to show that in YOUR CASE the document was not signed by the person whose signature apparently appears on the document. You get an affidavit from the company on whose behalf of the document was signed if it was some originator that had 6 employees and no capital to loan on is own and it now broke. You can get those. I have seen them. The affidavit needs to say they never heard of that person and that they never worked for XXX Funding, the “lender” on the documents. Maybe you can even get them to say that they were the “lender” in name only because they were in reality a nominee for some undisclosed  third party and they the money for the closing came from some source they didn’t even know.

You get multiple signatures from other documents on record supposedly signed by the same person. You get the real signature on their own mortgage document. That is why we re about to launch a major investigation into the employees of these companies on whose behalf the documents were supposedly signed and get the information on the actual job description of the person. Maybe you can find that the notary was not present when the document was signed or that the notary’s signature was forged. Maybe you can find the notary’s notebook in which records must be kept for every signature notarized.

Robosigning: This is not exactly the way it sounds. It is actually referred to in more sophisticated circles as “surrogate signing.” These claims were handled dismissively by most judges until the last year when upon scrutiny it became apparent that people were signing the names of other people, notaries were attesting to the signature without ever seeing the person, notary signatures were being affixed to documents where the notary never even signed, and notaries were attesting tot he authority of the person who signed a document when they had no idea whether the person had such authority. In California it is illegal for the notary to attest to authority of the signor if it is to be used in another state.

Without research and analysis you won’t know if there are factual breaks in the chain of title caused by surrogate or robosigning. If you are going to make the claim of perjury or fraud you need to be specific about what was a lie and how you know it is a lie. That is why it is so important to be informed in advance when you know that the “lender” is going to take action against you, get educated, get a COMBO report on title and securitization, get a FORENSIC ANALYSIS, get a LOAN LEVEL ACCOUNTING, get the attorney workbook, get the DVD. Lately judges have been finding ways to hear evidence on title issues because they are starting to realize that the pretender lenders are rushing foreclosures through using false affidavits of indebtedness, false declarations and robosigned “verified complaints. GET A LAWYER.

SUPERSEDEAS BOND USED AS WEAPON AGAINST HOMEOWNERS TO STIFLE CLAIMS

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JUDGES: ASSUME THE BORROWER IS WRONG

So you have denied the claims of the pretenders and put that in issue. You have even alleged fraud, forgery and fabrication and the catch-word “robosigning”. But the Judge, alleging that he did not want to “make new law” (which wasn’t true) or allegedly because he didn’t want to start an avalanche of litigation interfering with judicial economy (and therefore allowing fraud and theft on the largest scale ever known to human history) has not only denied your claims and motions, but refused to even put the matter at issue, thus enabling you to at least use discovery to prove your point.

So the pretenders have their way: no evidence has been introduced into the record. You have proffered, they have proffered, but somehow their proffer means something more than your proffer even though no proffer is evidence.

Attorneys recognize this as low hanging fruit on appeal, where the trial judge is going to get the case back on remand with instructions to listen to the evidence and allow each side to produce real evidence, not proffers from counsel, and allow each side to conduct discovery. It’s not guaranteed but it is very likely. And the pretenders know that if it ever gets down to real evidence as opposed to arguments of counsel, they are dead in the water, subject to sanctions and liability for slander of title and other claims.

So they have come up with this strategy of setting supersedeas bond higher and higher so that the order appealed from goes into effect and they are able to kick the can down the road with a foreclosure sale, more transfers etc in the title chain, thus enabling them to argue the deed is done and the “former” homeowner must be relegated to only claiming damages, not the home itself. People can be kicked out by eviction proceedings that typically are conducted in courts of limited jurisdiction where in most states you are not allowed to even allege that the title is not real or that it was illegally obtained.

Initially supersedeas bond was set at levels that could be met by homeowners — sometimes as little as $500 or a monthly amount equal to a small fraction of the former monthly payment. Now, Judges who are heavily influenced by banks and large law firms, especially chief Judges who stick their noses into cases not assigned to them, are making sure that the case does NOT go to jury trial and essentially influencing the presiding Judge ex parte, to set a high supersedeas bond thus preventing the homeowner from obtaining a stay of execution on the eviction or the final judgment regarding title.

Of course it is wrong. But it is happening. You counter this by (1) making the record on appeal as to the merits of the appeal (2) adding to the record actual affidavits and testimony as to value, rental value etc. and (3) of course demanding and evidential hearing on the proper amount of the bond. Here you want to search out and produce the bond set in similar cases in the county in which your case is pending. Make sure you have a court reporter and a transcript on appeal and that the record on appeal is complete. It is not uncommon for certain documents to get “lost” or allegedly not “introduced” so when the appellate court gets it you can be met with the question of “what document?”

The other reason they are increasing supersedeas bond is because of a misconception by many pro se litigants and even some attorneys. They have the impression that the appeal is over if the bond is NOT posted with the clerk. And they have the impression that they can’t challenge the amount of bond set, or even go to the appellate court just on that issue and ask the appellate court to set bond — something they might not do but when they remand it, it is usually with instructions to the trial judge to hear evidence on the relevant issues — again something the pretenders don’t want.

Supersedeas bond ONLY applies to execution of the order or judgment that you are appealing. You can AND should continue with the appeal and if you win, the Judgment might be overturned — which means by operation of law you probably get your house back.

All these things are technical matters. Listening to other pro se litigants or even relying upon this other sites intended to  help you is neither wise nor helpful. Before you act or fail to act, you should be in close contact with an attorney licensed in the jurisdiction in which your property is located. Local rules can sometimes spell the difference between the life or death of your case.

Minnesota Prepares to Sue A Debt Collection Agency: Robosigning

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM

“The Minnesota attorney general, Lori Swanson, accused Encore of fraud, saying it had filed false affidavits to collect consumer debt that was not owed or had been already paid off.”

HUGE POTENTIAL EFFECT ON FORECLOSURES

EDITOR’S COMMENT:

The significance here is not just that robo-signing was used, which violates even common sense rules of evidence. It is the fact that the false affidavits were used to collect debts that were not due or had already been paid. This is the same as the current foreclosure mess, where pretenders are using false representations, fabrications, forgeries and perjured testimony to collect on non-existent debt, and debt which has already been paid by parties who have expressly waived any right to subrogation, which means they paid, but they did not purchase the receivable — to protect themselves from being called “lenders” or being subject to claims from homeowners for fraudulent or predatory lending.

As you will see from the description below, this opaque construct of conflicting “deals” and “trades” created a context in which the borrower’s obligation would be paid, regardless of whether the homeowner made the payments or not. The pretender lenders stepped in to the void created by this scheme to enforce a void note, void mortgage and an obligation in which it was neither the lender nor the purchaser of the receivable.

The pretenders are able to do this under the noses of the people who were the actual lenders because the investors don’t want to accept any responsibility for the fraudulent and predatory lending and documentation.

On a basic intuitive level it would seem that if a borrower received the benefit of funding of a loan, that the borrower was responsible for paying it back, regardless of what back-room deals were made. But in the words of Renaldo Reyes, Chief Asset Acquisition Officer (i.e., “trustee”) for Deutsch bank, the whole thing is COUNTER-INTUITIVE. That is why the courts are having so much trouble with these foreclosures — AND THAT IS THE SOLE REASON FOR THE USE OF ROBO-SIGNERS, FABRICATED DOCUMENTS AND FORGERIES TOGETHER WITH PERJURED TESTIMONY.

If the creditor was actually named, the real issues would come out and the issue would be completely reframed — because the the real creditor doesn’t want the house or the foreclosure, and in many cases is still getting paid. This leaves a “floating obligation owed to nobody” which is what the pretenders are exploiting and using on their balance sheets as “assets.”

Payment came from third parties who expressly waived rights of subrogation — it is right there in the insurance, credit default swap and buy-out agreements in the bailouts. That was intentionally done to remove the insurers or counterparts from any potential liability for fraudulent or predatory lending claims. But you can’t pick up one end of the stick without picking up the other end. The payments were received by agents of the investors — and the servicers keep on paying the payments to assure the imposition of absurd fees and costs. So at no time is the borrower’s debt to the investor-lender ever in default despite representations to the contrary in court. AND THAT IS WHY THEY USE ROBO-SIGNING, FABRICATION AND FORGERY — BECAUSE IF THEY WENT TO THE ACTUAL CREDITOR, THE DOCUMENT WOULD NOT BE SIGNED. SAME THING WITH CREDIT CARDS, STUDENT LOANS AND OTHER CONSUMER CREDIT WHICH INCIDENTALLY WAS MOSTLY SECURITIZED AS WELL.

Minnesota Prepares to Sue A Debt Collection Agency

By REUTERS

Minnesota’s attorney general accused the Encore Capital Group of cutting corners by filing “robo-signed” affidavits in debt collection lawsuits, the same practice for which banks have come under fire in home foreclosures.

Encore shares fell as much as 10.3 percent before closing with a 3 percent loss on the day.

The Minnesota attorney general, Lori Swanson, accused Encore of fraud, saying it had filed false affidavits to collect consumer debt that was not owed or had been already paid off.

Encore is one of the nation’s largest debt collection companies, and often buys debt from credit card companies.

The allegations follow an Ohio federal judge’s preliminary approval on March 11 of a $5.2 million class-action settlement of similar claims against Encore’s Midland Funding unit.

An Encore spokesman, Mike Huckman, had no immediate comment.

Robo-signing is a term coined to describe employees’ signing of litigation documents without reviewing their contents. All 50 state attorneys general are investigating robo-signing and other practices by banks in the mortgage industry.

Ms. Swanson said such practices were pervasive in debt collection. Ben Wogsland, a spokesman for Ms. Swanson, said she was investigating about a half-dozen other companies that buy debt.

Encore, which is based in San Diego, had through year-end invested $1.8 billion to buy 33 million accounts with a face value of $54.7 billion, according to its annual report.

Ms. Swanson wants the Ohio court to clarify that the proposed class-action settlement does not bar government agencies from pursuing similar litigation. She is seeking to file her lawsuit in a Minnesota state court, Mr. Wogsland said.

VERY SCARY VIDEO: Mortgage Fraud Deposition

submitted by Bix Weir

VERY SCARY: Mortgage Fraud Deposition VIDEO

http://www.roadtoroota.com/public/444.cfm

You have got to Love this deposition [from the standpoint of foreclosure defense].

EDITOR’S NOTE: Actually we have to  hate this video. Our entire legal system, property titles, contracts and business practices are under siege. We are a country that has been occupied and currently a battle for control of our destiny — individually for each citizen and as a country — is underway. And despite the revelations and disclosures, we are very far from winning. The widespread use of Wall Street money at the Federal and State level is going to be used to push a “reset” button that validates every illegal act that has been committed and will put in doubt, for all time to come, whether anyone can ever trust a transfer of property — real or personal — ever again. This will put us in the same category as third world nations where the risk of nationalization and just plain theft is legalized and accepted by those with authority to do it. The IMF and World Bank have been warning us about this for decades. Now the time has come for us to move one way or the other.

The guy in this video is clearly a fairly decent guy trying to tell the truth as best as he knows it. He was put in the position of signing documents without any clear understanding of how he could be authorized to sign on behalf of more than 20 different major institutions. He had no no understanding or no clear understanding of the effect of any of the documents he was signing. You’ll see where he says that he doesn’t know what an assignment is or what it does. He was used as a pawn in a vary large scheme wherein the people pulling the levers were in a command room that consisted of a process rather than a place. Wherever you look, that is where they are not.

The central point that should be the focus of this effort is whether the mortgages were valid, whether the notes were valid, and who were the real parties to the transaction in which money was advanced by investors and borrowed by borrowers, with securitization participants (co-venturers) biting off pieces of the investor money as it traveled down the securitization chain. This is BOTH a procedural and substantive issue. Perjury, forgery, fabrication, lack of authorization are all bad things that threaten the integrity of our system of commerce and our legal system. But the larger threat is the very real fact that the party who physically advanced the money that was loaned to the borrower is not mentioned in any of the loan documents. This IS a case of the note split from the mortgage. That would be bad enough, because it would still allow disinterested parties to claim an interest in the receivable or the property. The larger problem is that this is a case where there was a wholesale split of the obligation from the note and the mortgage.

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