FORECLOSURE HELL… Truth or Dare…

..how far will bank hired lawyers go?

Archive for the category “Predatory Foreclosure”

FORECLOSURE IN CA AEQUITAS AUDIT SHOWS NON COMPLIANCE

Foreclo in CA Aequit   This study was done for the San Francisco Office of the Assessor-Recorder and reviewed 382 of 2,405 residential mortgage loan transactions that resulted in foreclosure sales from 1/2009 to October 2011.

The subject loans represent approximately 16% of the total.

The analysis focused on important topics relating to 6 Subject Areas:

  • Assignments
  • Notice of Default
  • Substitution of Trustee
  • Notice of Trustee Sale
  • Suspicious Activities Indicative of Potential Fraud
  • Conflicts Relating to MERS

 

—————————————————————————————————————-

AND when we realize that the deposed employee formerly of WAMU told the Court, rather recently— that WAMU did not supposedly have “a list of the mortgage loans”  that went to JP Morgan Chase, it is fairly obvious that when JP Morgan Chase “took over” the assets/liabilites of Wamu, something went horribly wrong.  This is obvious because what kind of commercial transactions in real estate loans are just thrown to the wind?

Is it any wonder that Wamu transferring or giving, or whatever they did with the loans, to another financial institution, has any oversight at all?  Wamu supposedly went into receivership or something close thereto, and we are fairly sure that when that happened, tons of loans went awry, documents were either adulterated, made up, fixed, or otherwise compromised, leading to one of the biggest  legal fallouts in history.

And they take pride in calling owners deadbeats? At least the owners were not trying to rip off anyone.

The United States should call this crap exactly what it is. It is simply the fallout from pure and unadulterated GREED. 

Lost and Confused Signpost

Can a State Investigate Mortgage Firms under Federal Control?

http://www.foxnews.com/politics/2011/12/20/california-attorney-general-sues-fannie-freddie-demanding-answers/

California’s attorney general filed lawsuits against mortgage giants Fannie Mae and Freddie Mac on Tuesday, demanding that the companies that own some 60 percent of the state’s mortgages respond to questions in a state investigation.

Attorney General Kamala Harris, whose office filed the lawsuits in San Francisco Superior Court, is investigating Freddie Mac’s and Fannie Mae’s involvement in 12,000 foreclosed properties in California where they served as landlords. She also wants to find out what role the companies played in selling or marketing mortgage-backed securities.

The essentially identical lawsuits ask the mortgage firms to respond to 51 investigative subpoenas that call on Fannie Mae and Freddie Mac to identify all the California homes on which they foreclosed. They also want the mortgage firms to reveal whether they have information on the decreased value of those homes due to drug dealing or prostitution, as well as explosives and weapons found on those vacant properties.

“Foreclosures not only affect the families who lose their homes, but also the safety, health and welfare of the entire community,” the lawsuit said.

Harris also called on Fannie Mae and Freddie Mac to disclose whether they have complied with civil rights laws protecting minorities and members of the Armed Forces against unlawful convictions and foreclosures.

The suits also seek to determine whether the companies are in compliance with California’s securities and tax laws.

The companies were taken over by the federal government and put into conservatorship under the Federal Housing Finance Agency in September 2008 to save them from collapse.

An attorney representing the Federal Housing Finance Agency said in a letter attached to the lawsuits that the 51 subpoenas were “frequently vague and ambiguous,” and said state attorneys general did not have the authority to issue subpoenas against the federal conservator.

“The burden to collect that information would be nothing short of staggering,” the letter said.

Representatives of Fannie Mae and Freddie Mac said the companies would not comment on the lawsuits Tuesday.

The lawsuits could determine whether states have a right to investigate the mortgage firms while they are under federal control. Harris argues that since the mortgage companies own properties in California, they are subject to state law and demands.

Fannie Mae and Freddie Mac buy home loans from banks and other lenders, package them into bonds with a guarantee against default and then sell them to investors around the world. The two own or guarantee about half of U.S. mortgages, or nearly 31 million loans.

The companies have so far cost American taxpayers more than $150 billion — the largest bailout of the financial crisis. They could cost up to $259 billion, according to the FHFA.

Two former CEOs at Fannie Mae and Freddie Mac last week became the highest-profile individuals to be charged in connection with the 2008 financial crisis. In a lawsuit filed in New York, the Securities and Exchange Commission brought civil fraud charges against six former executives at the two firms, including former Fannie CEO Daniel Mudd and former Freddie CEO Richard Syron.

The executives were accused of understating the level of high-risk subprime mortgages that the companies held just before the housing bubble burst.

Harris has created a task force that is pursuing criminal charges and civil judgments in mortgage fraud cases. She has said that her office would not join a planned 50-state settlement over foreclosure abuses that federal officials and other state attorneys general are negotiating with major U.S. banks.

She said the settlement gave bank officials too much immunity from civil litigation.

Harris said 768,330 residential mortgages were foreclosed on in California between January 2007 and June of this year.

Read more: http://www.foxnews.com/politics/2011/12/20/california-attorney-general-sues-fannie-freddie-demanding-answers/#ixzz1hNmi9GAE

4CLOSUREFRAUD.ORG Gets Our Vote for Humor in Legal Topics!

  • Below  excerpt from 4Closurefraud.org

    Disclaimer

    “The information on this website is for informational purposes only and is not to be construed as legal advice.

    Read at your own risk. May be too intense for some viewers. Do not read this site if you have high blood pressure, heart disease, diabetes, thyroid disease, asthma, glaucoma, or difficulty in urination.

    Discontinue reading this website if any of the following occurs: itching, aching, vertigo, dizziness, ringing in your ears, vomiting, giddiness, aural or visual hallucinations, tingling in extremities, loss of balance or coordination, slurred speech, temporary blindness, drowsiness, insomnia, profuse sweating, shivering, or heart palpitations.

    Readers should not act upon this information without seeking professional counsel.”

  • 4CLOSUREFRAUD LINKS   http://4closurefraud.org/2010/04/05/shocking-revelation-chase-produced-a-fraudulent-assignment-of-mortgage/

    and…………..

    “PINO CASE – FL Supreme Court readies for case on Fraudclosure docket (4th DCA opinion here) FL Supreme Court docket here and document links here. and Ice Legal answer brief here. Email Florida Supreme Court let them know the nation is watching the Fraudclosure Case Pino v BONYM SC11-697publicinformation@flcourts.org  “

    Bank was caught red handed in their fraud and dismissed the case voluntarily.

    Fraudclosure defense attorney, Ice Legal, said,

    “Not so fast. We want an evidentiary hearing and a ruling on the fraud so these fraudsters can’t just come back and try again with spiffed up fraudulent documents.”

    Court, Judge Menu Sasser, said

    “No. I am a biased bank friendly corrupt judge.”

    4th DCA said,

    “We are biased bank friendly corrupt judges so we don’t want to touch this with a 10 foot pole. We say Judge Sasser was right but we’ll turf this hot potato up to the Florida Supreme Court.”

    Up Pino goes to the Florida Supreme Court.

    Both parties request the Court dismiss the case.

    A satisfaction of mortgage appears on Pino’s mortgage.

    Florida Supreme Court, or more honestly, FOUR out of seven judges (majority) refuse to dismiss the case and are moving forward!

California and Nevada AGs Team Up v Foreclosure Fraud

California, Nevada team up to investigate foreclosure fraud

December 6, 2011 | 11:49 am 91 17    http://lat.ms/sZzsl8

video:  http://www.youtube.com/watch?feature=player_embedded&v=PE5hDJcEKsk

California and Nevada, two states at the heart of the nation’s housing crisis, will join forces to investigate allegations of foreclosure fraud and other types of mortgage improprieties. The agreement to share resources and work jointly is the latest sign that the nation’s state attorneys general want to be out front in cracking down on bank practices the housing crisis — from the selling of mortgage-backed securities to the handling of foreclosures.

At a joint news conference in Los Angeles on Tuesday, California Atty. Gen. Kamala D. Harris and Nevada Atty Gen. Catherine Cortez Masto said their offices would share litigation strategies and evidence would link their offices’ civil and criminal teams.

The announcement comes less than a week after Massachusetts said it was suing the nation’s five largest mortgage servicers over alleged foreclosure illegalities. The move marked the first such litigation to be filed by a state. Harris’ office has opened a number of its own probes of the mortgage business.

Investigators have subpoenaed information from Fannie Mae and Freddie Mac as part of a wide-ranging inquiry into lending and foreclosure practices in the state, The Times has previously reported. Her office also is investigating Bank of America and its mortgage arm Countrywide Financial, along with Citibank, seeking information on their sale of mortgaged-backed securities in California.

The new alliance between Harris and Masto comes as banks are working to strike a deal with a coalition of attorneys general who are working to seek relief for consumers allegedly wronged by faulty mortgage servicing and foreclosure practices.

Harris formally withdrew from those talks earlier this year. Masto has said Nevada officials would evaluate any proposal the talks might produce but would also push ahead with their own work. New York, Delaware, Kentucky and Minnesota also have signaled they are unhappy with the direction of the talks with the banks. All of those states have expressed concern that the banks could be let off too easily.

ALSO: Banks’ foreclosure activity picks up California AG subpoenas Freddie, Fannie BofA settles mortgage suit for $315 million

Should Robo-Signing be a Crime?

http://www.foreclosuretruth.com/blog/sean/big-news-on-robo-signing-and-mers-today/

Below in quotes is the question posed in the above link:

The Nevada Robo-Signing Indictments

“A Nevada grand jury has handed up criminal indictments against two Lender Processing Services employees for filing foreclosure documents without proper legal review. Again, we believe lenders should be held accountable for their actions, and in those cases where mistakes of fact have been made their should be consequences. As foreclosure data providers we do see mistakes, like transposed parcel numbers, that lead to the wrong property being foreclosed on. We’ve never seen these foreclosures not immediately overturned as soon as the mistake was brought to light. Certainly the lender should make those who are a victim of such a mistake whole. No question.

But should it really be a criminal offense for the person that signed the document to not have personally verified all those facts? We think that’s ridiculous. We are well past the days where your banker knew you personally, drove by your house before making the loan, and saw you each month when you brought your payment in. That’s all computerized now, and so are the foreclosure affidavits, the records of payments, mortgage assignments, etc. We’ll learn more about this case in the days ahead, but unless the acts of the Lender Processing Services employees that were indicted were far more devious then signing documents spit out by the computer without verifying facts, then these indictments seem completely misguided and vindictive to me.”

——————————————————————————————-

We find this to be pretty interesting. Now it is likely that this guy’s site, which is pretty good, indicates he is not legal counsel.  But he’s bought a lot of foreclosure properties, and started companies and resold them. Cool.

Does he realize that the gal who was the “whistleblower” was killed on or right before she was to appear in court?  Does he realize that the cases she was involved with involve Wells Fargo (and others) where Wells Fargo has blatantly run over homeowners and actually been caught forging documents? Forging is not the same as ‘not reading’ every document.

We think that people  tend to believe that because of “MERS”, it  implies that  most people who are involved in foreclosure are just people trying to get a house without paying for it. While we are sure there are some people in that boat,  we all know that chain of title rules stem from the Statute of Frauds.  The entire idea of chan of title, chain of custody, chain of most anything, is to ascertain properly the legal authenticity, the physical custody of evidence, etc.

Also, because the relaxed system in mortgage related law allowed for banks and equity firms to do what they did, how exactly did it all spiral into the debacle after all?  Not all foreclosure cases involve MERS.  Many of them involve banks that simply do not follow the laws.

It is true that California courts are not going to use MERS as a general method to prevail in court cases.  BUT the fact that banks are and have made so many egregious and knowing breaches of the very laws that involve their industry, rulings like the one in MA will create sheer havoc.

We believe that banks need to be slapped very hard. They should pay if they are breaking the law. Nevada’s foreclosure rate was astronomical, Florida and California as well. Nevada and Florida are already known to be states where scammers congregate.  As soon as the law passed in Nevada, essentially saying that it is a felony for illegal mortgages— “The Nevada law makes it a felony for a mortgage servicer or trustee of a mortgage to make false representations concerning a title such as claiming that they are an executive of a bank or mortgage servicer, which was the case in at least hundreds of thousands, perhaps millions of robo-signings.”

What happens is that such signers are often janitors or any clerk– NOT someone who could reasonably know ANYTHING about what they were signing.  These people simply got paid to sign documents they didn’t know anything about at all.  Yes, that should be a distinct crime.  It will stop a lot of bogus acts by banks or servicers —- for awhile.

WF Bank Attorney..Seizes Property without Due Process

In perhaps an almost unprecedented method, falling very short of what would be within the law in normal cities, a “HELLS CARGO” (aka Wells Fargo) hired attorney was unable to achieve, or refused to attempt  “foreclosure” by non judicial methods, which is the normal way residences are lost in California.

Instead, the Hells Cargo hired attorney turned to perhaps an alleged rents and profits “receivership” in order to try and obtain the residential property, combined with his attempt at establishing an equitable lien/mortgage.  It would be one thing to attempt it, but it’s far, far more than just that. [Lest you not believe us, this case shows up in the first 10 pages on a Google search.]

This so-called know it all attorney then had the owner’s personal property seized by a so-called receiver (state court) who was instructed BY the attorney under the know-it all (same attorney firm) PLUS this alleged receiver had NEVER done a receivership in her life.  As we know, a “court” appointed receiver does NOT work for a party, but is supposedly working for the Court.  This receiver never filed an undertaking, and no return on OSC was done because the Court actually said it was not needed.

It was very obvious that in order to try and take the real property, the Hells Cargo hired attorney did not want to go the normal “foreclosure” route because quite pathetically, he would not be able to actually get it done. To partially get around that apparent obstacle, many allegations were levied against owner, both legal and otherwise.

He then turned not only to severely questionable, if not procedurally inappropriate actions, in order to set up an alleged receiver and an alleged “equitable” lien.  It goes without saying that even if any receivership is established, there must be an underlying action to give rise to the receivership, especially in “ex parte” receiverships, which almost never occur in family residence mortgages. When the “receivership” was set up and Hells Cargo paid attorney tried to enforce contempt charges on owner (placing him in jail)— there was NO underlying order for an equitable lien, or equitable mortgage, since the Hells Cargo hired attorney, had not obtained a signed order.

When the county became involved with the Hells Cargo attorney, and the receiver, the county then obtained a so-called “rescue” group to physically seize and remove the property of the owner.  [At that point, there was no signed order for an equitable lien or mortgage either.]

However, no appropriate notice or hearing was done for this seizure [per the applicable rules in California] on this type of seizure.

NOW the alleged “rescue”  which took in a gross of $700,000+  as shown on their last tax IRS 990 form filed, claims that it cannot afford to keep up with the costs for hay and etc for the seized property.  As we can see, failure to take the proper steps has its consequences.

Perhaps if the alleged “rescue” would refrain from buying animals at livestock auction by the pound,  and just not take in so many large animals it “cannot” afford, maybe there would be extra money set aside so that they could handle it.  Further, this alleged “rescue” also received a minimum of $40,000 just for the “seized” animals it took from owner.

That $40,000 (or possibly more)  was supposedly given to the “rescue” by Hells Cargo/servicer B of A.  That is the allegation at this point.  But as indicated by the “rescue”– they spent that money a long time ago even though they seized the animals in July-August, and since that seizure, they managed to apparently KILL several of the animals in their care!  Of course, they claim it was not their “fault.”

Folks, that seizure could be the center of some serious issues within this supposedly “foreclosure” because at the core, it shows HOW FAR a BANK’s hired gun attorney, can and will go, to take back property, AND to shut up the owner from talking about the illegal processes used by BANKS in their efforts to gain money quickly without following the proper procedures in the chain of title.

This is not disputed, as the entire USA economy plummeted as a result of the real estate loans, which  then resulted in government bailouts.

Because Hells Cargo knows they do not have the proper title process done on the loan for this property, OR for the MILLIONS of OTHER loans in the same group.

The property loan is not  in the owner’s name, plus the actual property boundaries turned out to be incorrect, placing the improvements on one parcel, but not on the larger parcel; and because there are three or more parties and about 4-5 lawsuits involved (including cross plaintiff/defendant actions), the Hells Cargo attorney started to take actions that were, for lack of a better description, likely not ethical, legal, or allowable.

This was done in a series of steps over time, and it appears that the main Judge hearing the case wants nothing to do with the case at all, and even when the owner had to file bankruptcy, the “Judge” didn’t even respect or know what a bankruptcy petition looked like, and said that it did not mean anything, much less would it stay an action by “Judge.”  Now anyone who knows the power of the automatic stay in bankruptcy knows full well that the stay does not stop everything, but it does stop almost everything.

Well this “Judge” claimed in 30 years he had “never heard” of such a thing.  That oughta tell you something. There is no other verification of the automatic (hence the word “automatic”) stay other than the filing of the bankruptcy petition which is time/date endorsed by the Court.

Moving along, the Hells Cargo hired attorney then set ex parte (in State Court), like almost all of his motions, a hearing on “contempt” to remove the tenants from the property. He has had owner jailed already for not vacating the property due to the “receivership.”  This attorney claimed that his “contempt” was criminal and not subject to the stay. However IF  it was actually “criminal” then we know that the Sixth Amendment would attach? This was not an ‘administrative’ matter.

However, attorney for Hells Cargo  failed to get ANY of the tenants served, so that squelched the contempt hearing. For THIS time, anyway.

Hells Cargo hired attorney THEN began arguing an issue that he had not given ANY notice on,  at the initial date he requested such hearing , which was a stack of documents (one inch thick) which he claimed was in reference to obtaining an ORDER to establish the “equitable” lien.

The “order” purported to give Hells Cargo/friends a  first secured lien on both parcels of land [which had never even been signed by Judge, and it exceeded the actual order Judge did give originally in July]  plus, to “reform” the “receivership” order, giving Hells Cargo and crew, a contempt right to remove tenants from the property.

Not just the improved property, BUT on owner’s land, which did NOT contain the improvements, and which is a separate parcel. Additionally according to the Hells Cargo hired attorney, he did not need to implement an unlawful detainer. The District Attorney and County Counsel do not necessarily agree with Hells Cargo’s assertions.  [In fact the Hells Cargo hired attorney now thinks he can sue the city or county for failing to implement "the contempt" to oust the tenants.]  Good luck.

Now if all of this sounds pretty far fetched and complicated, you would be correct.  But the biggest weasel [in our opinion], is the Hells Cargo hired attorney that will do almost anything to make sure the owner cannot get Wells Fargo into more trouble due to their known lack of not following the proper rules for chain of title, not following the normal rules for notarizing documents, not following the normal rules for signers of documents to be genuinely who they claim they are.

Well. it seems the sheriff department refuses to evict the tenants by using the receivership order.  So Hells Cargo hired guy goes back to Court yet again, to get some other kind of contempt order, again without serving anyone.  Right about now, the District Attorney and County Counsel don’t believe one can be evicted if they had a lease agreement, so now the Hells Cargo hired gun wants to hold the county officials “in contempt.”  Really???  We have it on good word that this Hells Cargo attorney might be facing extortion allegations for attempting to get a witness to testify against the owner of the property.  Further, our sources indicate that this same Hells Cargo attorney has created a very bad track record for himself under oath during a legal proceeding which will come back to haunt him in the future.

————————————————————————————————

It is probably not surprising to find that the gal from Las Vegas, who blew the lid off the fake signing of  documents in NEVADA for loans, was just found DEAD the other day when she was supposed to appear in Court.  The gal ADMITTED that 25,000 signed documents on loan title docs were fraudulent.   Kind of like TV we would think, when witnesses are no longer alive to appear in court?

Massachusetts AG Files Lawsuit Against National Banks

This is a step in the right direction, but is likely to take some time and hopefully won’t just result in the banks pooling money into a fund where homeowners won’t get much out of it.  In California, AG Kamala Harris determined that working on a global settlement with large banks was not going to work as a cure all for homeowners and dropped out of the large group settlement where many other AGs still remain…

A potential positive would be to pass legislation that outlaws the types of conduct that led to this debacle in the first place, so that the overwhelming unconscionable acts of lenders/servicers would be largely eliminated. We are not necessarily talking about the general securitized aspect involving who owns the actual note, but on the authenticity specifically of documents under notarization by the actual persons in their actual capacity (not fake signers such as the janitor.) If  fraudulent mortgage was punishable by felony– as Nevada law just passed– that would go far to stop something that is already obviously wrong.  It would seem that foreclosure, if it was done properly, without unconscionable acts, and without fraud, is still legal. However in the future, the Courts will likely tend to scrutinize these cases and precedence will start to pop up all over the United States. Most likely it will have more effect on a state by state basis, since foreclosure law is generally state specific.

In California, we see that NOT a lot of courts are finding for homeowner-debtors, and attorneys are trying, but often not succeeding in lawsuits.  This doesn’t mean you can’t win, but it does mean that it will take a concerted effort by counsel, that since the opponents have millions of dollars, your case has to have elements that would take it out of the ordinary for now.  And in most of these cases, the case will be charged hourly for fees and not on contingency. If you are in bankruptcy court, Judges tend to really look hard at your case, whereas in State Court, it will depend on who the Judge is. We have seen Judges in State Court that could care less about mortgage fraud and look upon it as owners trying to get something for nothing. Before a lawsuit is filed your attorney should have an idea of which Judge you absolutely do not want if the case goes to trial. Or in some instances, Federal Court rather than State Courts are being used for these cases.  See  http://faculty.law.lsu.edu/toddbruno/mandatory_v__persuasive.htm  which explains how court may or may not have to follow other court’s decisions.

http://www.mass.gov/ago/docs/press/ag-complaint-national-banks.pdf  (Link to PDF of actual government lawsuit by Attorney General against illegal foreclosure in Massachusetts)

http://stopforeclosurefraud.com/2011/12/01/five-national-banks-sued-by-ag-coakley-in-connection-with-illegal-foreclosures-and-loan-servicing/

Post Navigation

Follow

Get every new post delivered to your Inbox.