Az Federal Judge Strikes at Heart of Nonjudicial Foreclosure, Denies OneWest Motion to Dismiss

Posted on November 13, 2014 by Neil Garfield

For further information or assistance, please call 954-495-9867 or 520-405-1688

————————————–

See OWB CASE Buffington v USBank_MTD Denied incl FDCPA 28USDC AZ

CAUTION: NOT ALL JURISDICTIONS ALLOW THE SAME CAUSES OF ACTION. CHECK WITH ATTORNEY WHO IS LICENSED IN THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED.

A Federal Judge upheld a Complaint against OneWest on all counts except fraud. Actually the Judge was doing the homeowner a favor because the burden of proof on fraud is clear and convincing evidence whereas the burden of proof for the rest of the causes of action is only a preponderance (50% + 1) of the evidence. If it is more likely than not that the homeowner is right on the multi-count complaint that has now survived dismissal, the homeowner wins and the damages goes to the jury to jury to decide how much that should be. TRESPASS might also require a higher burden of proof. During the litigation, the homeowner will be able to inquire and potentially receive the necessary facts to support a fraud claim as well.

This is a dramatic reversal — lawsuits just like this one were previously dismissed in Az Federal Court. One of them was dismissed after 14 months of non-action by the court.

COUNT 1 UPHELD FOR NEGLIGENCE PER SE

COUNT 2 UPHELD FOR NEGLIGENT PERFORMANCE OF AN UNDERTAKING

COUNT 3 UPHELD FOR FALSE DOCUMENTS — Plaintiffs suffered false foreclosure recordings on their real property title record, additional damage to their credit reputation, and false late fees and penalties, as well as attorney fees and costs.

COUNT 4 UPHELD FOR PAYMENT/DISCHARGE/ SATISFACTION — based upon receipt of FDIC loss share payments that were intentionally withheld and therefore causing a misrepresentation to borrower as to the the existence of a default or the actual amount of the balance due to the actual creditor.

COUNT 5 UPHELD FOR BREACH OF CONTRACT

COUNT 6 UPHELD FOR BREACH OF CONTRACT

COUNT 7 DISMISSED — FRAUD

COUNT 8 UPHELD FOR TRESPASS TO REAL PROPERTY

COUNT 9 UPHELD FOR FAIR DEBT COLLECTION PRACTICES ACT

Filed under: foreclosure | Tagged: , , , , , , , , , | 9 Comments »

Pres. and Michelle Obama’s Satisfaction of Mortgage Was Robo-Signed — Clouded Title on Obama Home

Posted on October 11, 2010 by Neil Garfield

Editor’s Note: I have not confirmed this information but it looks completely valid. The president received a satisfaction of mortgage from a fabricated, forged instrument having no validity whatsoever. UPDATE: The notary signatures appear to be forged as well. Do Barack and Michelle have title to this property — or any successors? Or is the title hopelessly defective?

And this time it’s MERS

Submitted by R Sherwood

Well well well…

Lookie what we have here folks…

Is this why they tried to sneak through H.R. 3808? (just kidding)

Just like we have been saying all along, this is so much bigger than  “affidavits.”

Here is another piece of the puzzle, without bringing up the REMIC issues…

Now that YOU are effected personally in this, Mr. President, what are you going to do about it?

Let’s get off the whole CNN Axelrod signals White House opposition to foreclosure moratorium BS…

“The Obama administration opposes a moratorium on home foreclosures, but wants problems involving improper paperwork resolved as quickly as possible, senior adviser David Axelrod said Sunday.”I’m not sure about a national moratorium,”

Like my dear friend at the Hamlet puts it

It’s not the foreclosure affidavits only. Hello? It’s the whole kit-n-caboodle. it’s the fabricated assignments of mortgage, fake allonges, robo-stamped endorsements in blank, and satisfactions of mortgage, ignoring SEC and IRS regulations, disregard for the steps required by the REMIC rules. It’s all the top national banks and their servicing arms. The whole of it is a sham. Don’t believe the propaganda that insists otherwise.

Got it?

Now for the fireworks…

First we will start with a screen shot of one of Obama’s Release of Mortgage…

Marshe Craine of Chase signed off on their release of mortgage.

Now you ask, so what is wrong with that?

Nothing on it’s face, but you know how I roll…

With all that is going on with the robosigning, forgeries, fabrications and LIES, we decided to dig into this to see if something was there to help educate the masses on the issues that all of us as Americans face…

Guess what we found…

President Obama is a victim of the robosigning phenomenon that has taken the financial industry by storm…

How else would you explain this?

Check it out…

Random search of signature for Craine

(Click to Enlarge)

Whoa, is that the same Marshe Craine “Vice President” of Chase that signed off, and was notarized I might add BY THE SAME NOTARY, on the Presidents Satisfaction of Mortgage?

Let’s compare…

Hmmm. I’m no handwriting expert but…

Let’ clarify if the same person notarized these documents…

Obama Notary

Random Satisfaction Notary

Looks the same to me on the notary, so if these signatures turn out to be different, she is LYING on one of them, but hey, no big deal, it is just a “technicality”, right?

Not convinced yet?

Okay, let’s dig deeper…

Let’s see if this “Vice President” Marshe Craine is a MERS agent as well.

Yep…

Oh, much better, that signature is much closer to the signature on the President’s Satisfaction of mortgage…

I feel much better now, don’t you?

Was getting a little nervous there for a second…

Didn’t MERS just come out with some statement about how they weren’t involved an any fraud or something like that?

Oh yea they did…

Statement by CEO of Mortgage Electronic Registration Systems (MERS) “The MERS System is not fraudulent, and MERS has not committed any fraud.”

Statement by CEO of Mortgage Electronic Registration Systems (MERS) RESTON, Va.–(EON: Enhanced Online News)–Mortgage Electronic Registration Systems (MERS) Chief Executive Officer R.K. Arnold today issued the following statement regarding the organization and clarifying certain aspects of its operations: “The MERS System is not fraudulent, and MERS has not committed any fraud.” “MERS is one important … Read more

Anyway, it is a good thing it was the same notary again or we would be in big trouble…

Here is another one just for fun now as a Chase VP…

~

So you see, this whole Foreclosure-Gate crisis has nothing to do with the “deadbeat” borrowers, it never has.

It has to do with the complete lack of the respect of the law by the banking industry.

They got away with it up until now and are trying their damnedest to paper over their crimes.

It is time to say no more…

They tricked all of us, even you Mr. President,  and completely disregarded the basic laws of this country to make a buck.

I  have been beating this drum, along with a few others, for years now and it is time to come to an end.

Mr President, now that you have had the fraud perpetrated on you personally, what are you going to do about it?

The system is broken and the foreclosures need to be stopped NOW.

It is actually worse than you can imagine…

Feel free to call or email me to discuss this further, Mr President.

All documents supporting the screen shots above are available to the media upon request.

The first national news media outlet that chooses to report this to the American Public will get an exclusive on a similar issue effecting another one of the President’s mortgages…

Lookie what we have here folks…

Is this why they tried to sneak through H.R. 3808? (just kidding)

Just like we have been saying all along, this is so much bigger than “affidavits.”

Here is another piece of the puzzle, without bringing up the REMIC issues…

Now that YOU are affected personally in this, ON TWO MORTGAGES, Mr. President, what are you going to do about it?

Let’s get off the whole CNN Axelrod signals White House opposition to foreclosure moratorium BS…

“The Obama administration opposes a moratorium on home foreclosures, but wants problems involving improper paperwork resolved as quickly as possible, senior adviser David Axelrod said Sunday.”I’m not sure about a national moratorium,”

Like my dear friend at the Hamlet puts it

It’s not the foreclosure affidavits only. Hello? It’s the whole kit-n-caboodle. it’s the fabricated assignments of mortgage, fake allonges, robo-stamped endorsements in blank, and satisfactions of mortgage, ignoring SEC and IRS regulations, disregard for the steps required by the REMIC rules. It’s all the top national banks and their servicing arms. The whole of it is a sham. Don’t believe the propaganda that insists otherwise.

Got it?

Now for MORE fireworks…

First we will start with a screen shot of ANOTHER ONE of Obama’s Satisfaction of Mortgage…

Urban Roman signed off on their release of mortgage.

Now you ask, so what is wrong with that?

Nothing on it’s face, but you know how I roll…

With all that is going on with the robosigning, forgeries, fabrications and LIES, we decided to dig into this to see if something was there to help educate the masses on the issues that all of us as Americans face…

Guess what we found AGAIN…

President Obama is a victim AGAIN of the robosigning phenomenon that has taken the financial industry by storm…

And it has been happening for OVER A DECADEbehind the veil of MERS…

How else would you explain this?

Check it out…

Random search of signature for Roman

(Click to Enlarge)

Whoa, is that the same Urban Roman “Vice President” that signed off, and was notarized I might add BY THE SAME NOTARY, on the Presidents Satisfaction of Mortgage?

Let’s compare…

Hmmm. I’m no handwriting expert but…

Let’s check another document just to be sure…

Well it is a good thing we did… I was getting worried there…

Let’s clarify if the same person notarized these documents…

Obama Notary

Random Notary Search Beasley

Looks the same to me on the notary, BUT THIS TIME THE NOTARY SIGNATURES DO NOT MACH EITHER, but hey, no big deal, it is just a “technicality”, right?

I feel much better now, don’t you?

Was getting a little nervous there for a second…

Again, didn’t MERS just come out with some statement about how they weren’t involved an any fraud or something like that?

Oh yea they did…

Statement by CEO of Mortgage Electronic Registration Systems (MERS) “The MERS System is not fraudulent, and MERS has not committed any fraud.”

Statement by CEO of Mortgage Electronic Registration Systems (MERS) RESTON, Va.–(EON: Enhanced Online News)–Mortgage Electronic Registration Systems (MERS) Chief Executive Officer R.K. Arnold today issued the following statement regarding the organization and clarifying certain aspects of its operations: “The MERS System is not fraudulent, and MERS has not committed any fraud.” “MERS is one important … Read more

So you see, once again, this whole Foreclosure-Gate crisis has nothing to do with the “deadbeat” borrowers, it never has.

It has to do with the complete lack of the respect of the law by the banking industry.

They got away with it up until now and are trying their damnedest to paper over their crimes.

It is time to say no more…

They tricked all of us, even you Mr. President,TWICE so far, and completely disregarded the basic laws of this country to make a buck.

I have been beating this drum, along with a few others, for years now and it is time to come to an end.

Mr President, now that you have had the fraud perpetrated on you personally TWICE, what are you going to do about it?

The system is broken and the foreclosures need to be stopped NOW.

It is actually worse than you can imagine…

This is FRAUD period.

Try taking a forged notarized document and submitting it to you local land records and see what happens…

In Florida it is a FELONY.

117.105 False or fraudulent acknowledgments; penalty.-A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s, 775.082, s. 775.083, or s. 775.084.

117.107 Prohibited Acts
(1) A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned.
(2) A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp.
(3) A notary public may not affix his or her signature to a blank form of affidavit or certification of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.
(4) A notary public may not take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s. 744,3215(2) 0r (3 ), and where the person has not been restored to capacity as a matter of record.
(5) A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization.
(6) A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.
(7) A notary public may not change anything in a written instrument after it has been signed by anyone.
(8) A notary public may not amend a notarial certificate after the notarization is complete.
(9) A notary public may not notarize a signature on a document if the person
whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105.
(10) A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.
(11) A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public.
(12) A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law. For purposes of this subsection, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record and he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public.
EMPLOYER LIABLE FOR ACT OF NOTARY
(6) The employer of a notary public shall be liable to the persons involved for all damages proximately caused by the notary’s official misconduct, if the notary public was acting within the scope of his or her employment at the time the notary engaged in the official misconduct.

I am sure there  are similar laws in every state.

Again as always, feel free to call or email me to discuss this further, Mr President.

All documents supporting the screen shots above are available to the media upon request.

For more on the above concerns, see here andhere…

~

Michael Redman

4closureFraud.org

1 – 561 – 880 – LIES

ForeclosureFraud@gmail.com

It is just as interesting, if not better than the above…

Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: , , , | 19 Comments »

800-Numbers Lead to Runaround as Banks Refuse to Modify Mortgages

Posted on March 31, 2010 by Neil Garfield

Rule of Thumb: If they can’t execute a release or satisfaction of the mortgage, then they can’t foreclose. And if they did, it is reversible.

Whistle-Blower: Banks Give Homeowners the Runaround

“In our managers meeting, which can last eight or nine hours, we probably addressed mortgage modifications five minutes or less,” the banker said.

Editor’s Note: The reason is simple. They want the property. They can get the property because of pandemic confusion over securitization. They can’t modify mortgages as easy as they can foreclose. They don’t have the right, title, interest or authorization to modify mortgages because they never advanced a dime for the funding of those mortgages. But because non-judicial states make it real easy for anyone with a bogus piece of paper to foreclose and get title to the property, and because investors who are the real creditors are not asserting their right, title and interest, it’s easy for a pretender lender to pick up a free house.

And due to heavy caseloads and poor understanding of securitized mortgages in judicial states, the same rules seem to apply as non-judicial states — homeowners are generally not heard on the merits of their defenses and claims. The foreclosure proceeds, automatic stays are lifted in bankruptcy court, all because the Judge is not directed to look at the paperwork.

By DAVID MUIR
March 23, 2010
// A vice president for one of the nation’s biggest banks claims customers looking for help in lowering their mortgage payments are often told to call an 800 number — where he says representatives then give homeowners the runaround.

//

//

David Muir gets answers from a vice president of one of the biggest banks.

The bank executive spoke to ABC News on the condition that ABC News not show his face or name him, because he feared coming forward would cost him his job.

Of the 1.1 million homeowners who’ve signed up for the federal program aimed at avoiding foreclosures, only 168,000, or 15 percent, of homeowners have had their mortgages permanently modified.

“In our managers meeting, which can last eight or nine hours, we probably addressed mortgage modifications five minutes or less,” the banker said.

Americans Frustrated by Banks

Jay and LeeAnn Givan are two of those frustrated Americans who reached out to ABC News about their banks. They say they’ve run out of time and money. Both lost their jobs in the recession, and they have been begging their bank since last September to modify or refinance their mortgage. Six months later, all the paperwork and phone calls have amounted to nothing.

“The bank’s not interested in helping us,” LeAnn said. “Just a couple of weeks ago, Jay was on the phone for two hours being transferred from department to another department until finally somebody told him, ‘Look, we can’t help you until you stop paying on your house.'”

//

The couple made its last mortgage payment last week.

“I have heard that,” the banker said. “That will affect their credit card, their insurance, [have] a big effect on their credit history.”

The banker described homeowners pleading to him for help, but he said his bank is not interested in modifying mortgages, even after taxpayers helped bail out the nation’s biggest banks.

“It’s just not happening,” said the banker.

The banker said there is significant pressure on bank employees to get customers to take on more accounts than they need because of the late fees and penalty fees that will then co

I have watched the news story about Banks helping with Foreclosure etc…..THEY WILL NOT HELP if they are WELLS FARGO…..They were terrible with my 82 year old mothers mortgage.After being a loyal customer for years shw was not able to get help from me with her mortgae because I was laid off and at that time for a year already….They ASSURED us that a modification was to be done and to NOT PAY anything until it was completed because those payments would be included in new mortgage….we called for months and tried to make some payments only to have house start into foreclosure with their lawyers, be served embarassing papers and be put into undue stress. Went thru Wells President John Stump and 4 other Board members to only be told BANK OWNING YOUR MORTGAGE WILL NEVER AND WOULD NEVER HAVE DONE A MODIFICATION. Why were we told it was being worked on for over 6 months…why a run around like that to a senior citizen who has worked her whole life. End result was COME UP WITH $4500 IN 2 WEEKS or bye bye home your out of there. Terrible to do to anyone. I had found out we were one of 10’s of thousand that Wells did exactly this to also. Just google that problem and you will see. SHAME ON WELLS FARGO and all these banks taking money from us and the government and putting people in worse trouble.
barkleyandme1 11:16 AM
Americans like to sue over everything. Seems like there is grounds for a class action suit against the banks. They used my money for what seems to be strictly their benefit and bonuses. Where are all the lawyers now. Let’s bring suit against the banks for not fulfiling their obligation to the publc. We bailed them out in good faith and they turned around and screwed us.
tjbmeb 9:33 AM

S.W.Florida..I have applied for a modification with Select Portofolio Service, as of this date I have NOT received any information other that it is under review. After reading all the horror stories on this site. I have deceiced that if the modification doesn’t go thru I will foreclose. I will walk away with no hesitation. Why should I pay good money for a bad investment. My money was solid when I purchased the home. However with all the greed from lenders over inflating homes I have no pity. I worked too hard for the American Dream only to be disappointed by Wall Street greed. Come on Obama put your money where your mouth is!

Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud | Tagged: , , , , , , , , , , , , , , , , , | 13 Comments »

%d bloggers like this: