Category Archives: Foreclosure Scams

Bank Fraud Continued Cover Up From The White House

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Some call it a settlement, the effort by The White House and its’ resident Obama, to a wide-ranging state settlement with banks over dubious foreclosure practices.

Attorney General of N.Y. Is Said to Face Pressure on Bank Foreclosure Deal
By
Published: August 21, 2011

Eric T. Schneiderman, the attorney general of New York, has come under increasing pressure from the Obama administration to drop his opposition to a wide-ranging state settlement with banks over dubious foreclosure practices, according to people briefed on discussions about the deal.

In recent weeks, Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade the attorney general to support the settlement, said the people briefed on the talks.

Mr. Schneiderman and top prosecutors in some other states have objected to the proposed settlement with major banks, saying it would restrict their ability to investigate and prosecute wrongdoing in a variety of areas, including the bundling of loans in mortgage securities.

Basically, the banks want a “get out of jail free” card.  They do not want any investigations into any of their wrong doings causing our economic collapse while they profited personally and corporate wise.  They want immunity from prosecution.

Fortunately, there are some defenders of the public interest like Schneiderman of New York that will not go along with this.

Mr. Schneiderman began objecting a few months ago to the proposed releases barring future litigation, declining to participate as long as they were included.

“The attorney general remains concerned by any attempt at a global settlement that would shut down ongoing investigations of wrongdoing related to the mortgage crisis,” said Danny Kanner, the spokesman for Mr. Schneiderman. His office has opened several inquiries into mortgage practices during the credit boom.

Read all of Gretchen’s article in The New York Times…click here

In a related editorial in The New York Times,

It’s a Flawed Settlement – Published: August 22, 2011

The Obama administration has turned up the heat on Eric Schneiderman, New York’s attorney general, to go along with a proposed settlement with the nation’s largest banks over dubious foreclosure practices. Mr. Schneiderman should stand his ground in not supporting the deal. The administration says that a settlement would quickly deliver much needed relief to hard-pressed borrowers, but it’s doubtful it would provide redress on a par with the banks’ wrongdoing or borrowers’ needs.

The deal has been in the works for nearly a year, after the state attorneys general announced an investigation into a robo-signing scandal in which banks were found to have filed false foreclosure papers in state courts. It was widely believed that the scandal would lead to a broad inquiry into how banks inflated the housing bubble, profiting as it expanded.
Here again, with definite evidence of “wrong doing” or more correctly – illegal activity – nothing is being done.  In fact, our government is attempting to sweep it all under the rug – a cover up – leading us to believe it is in our best interest to do s0.
What is in our best interest is to prosecute those responsible for committing crimes.  The evidence is there, has been there and has been made public.  The banking industry is an organized criminal activity looking to use their economic hold over us to avoid prosecution and be allowed to continue their criminal activities for their own personal gain.

Shaun Donovan, the secretary of Housing and Urban Development, however, says that a settlement on the narrow issue of robo-signing would not preclude other investigations by individual attorneys general. But, clearly, once the robo-signing issue is off the table, investigators would lose leverage to pursue remedies for other possible illegalities in the packaging, marketing and transferring of mortgage securities.

But some AG’s like New York’s Schneiderman are not going along with it even though there may be some very real personal consequences for them.

Read the entire Editorial in the The New York Times…click here

It is important for all of us to wake up and realize that we are being duped at every junction in the road.  We are being lied to, deceived and set up for even greater misfortune while protecting and enriching those who have brought this misery upon us.

We must not only fight foreclosure but we must stand up for what is right and just.  We need justice.  We need to see this new breed of criminal do the time for their crimes.

While those in the White House may be following their predecessors in covering up and looking the other way, there are those in Congress not willing to let go and continue to push on to expose these criminals.

It is up to us to support those in Congress who – like us – would see justice done.  After all, the will of the people is greater then the greed of a few, be they Presidents of countries, bureaucrats, politicians or greedy, immoral corporate executives.

The fight for justice goes beyond the foreclosure court.  We must see those guilty punished.

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Robo Signers List

Wow.  Why have I not seen this before.  My better half just found it as is published on Scribd on April 1, 2011.  It is a long piece as it details a lot of information of individual Robo signers and Robo signing in general.  For example:

What is a robo-signer?
Robo-signers are mortgage lending company employees who prepared and signed off on foreclosures without reviewing them, as the law requires. Jeffrey Stephan, the GMAC employee who was the first identified as a robo-signer, has acknowledged in sworn deposition that he prepared 400 such foreclosures a day.The discovery of robo-signers could simply bethe tip of the iceberg. If so, more revelations could only increase the pressure on large banks.Their potential exposure to losses could skyrocket….

What·s the significance?
 The “robo-signing of affidavits and Assignments of Mortgage and all other mortgage foreclosure documents served to cover up the fact that loan servicers cannot demonstrate the facts required to conduct a lawful foreclosure.  If it turns out that robo-signers did indeed sign off on loans without review, they committed fraud by claiming knowledge of a financial matter of which they had no personal knowledge. It could also mean that some people are wrongly being evicted from their houses….
This excerpt warrants attention so I am creating the “bold” emphasis.
Briefly, Robo Signers are illegal because fraud cannot be the basis of clear title, trustee’s deeds following Robo Signed sales are void as a matter of law, notarization is a recording requirement for many of the documents, which we also know was often botched, and most importantly because robo signed falsifications ARE meant for use in court, including unlawful detainers and bankruptcy matters….

Clear Title May Not Derive From A Fraud(including a bona fide purchaser for value).  In the case of a fraudulent transaction the law is well settled.
This is a MUST HAVE document.

If you are an attorney and have not seen this it is a must have reference source.  It has links and information that can be vital to your defenses.

If you are an individual facing or in foreclosure, this document is a “must save” reference guide as it will give you information to help you find the fraud in your loan, assignments and foreclosure filings as well as other valuable information links, depositions etc., such as:
CONGRESSIONAL WRITTEN REPORT REGARDING
SECURITIZATION AND FRAUDCLOSURE OF NOVEMBER 18, 2010
click on title for link
It also provides a very long list of named Robo Signers giving who they worked for, who they signed for and what titles they used.
Here is just one example of what you will find:
Allen, Greg –
Greg ALLEN is an employee of Lender Processing Services
in Mendota Heights,Dakota County, MN.  He signs Mortgage Assignments as an officer of MERS, servicing companies, and lenders.  Allen often signs these Assignments to trusts years after the closing date of the trusts.  Allen frequently signs Assignments for mortgage companies that filed forbankruptcy years before the effective date of the Assignment. Deutsche Bank National Trust Company is one of the banks that frequently uses Assignments signed by Greg Allen to foreclose.   Greg Allen has signed Mortgage Assignments using the following titles:
Vice President, Mortgage Electronic Registration Systems, as nominee for American Home Mortgage Acceptance, Inc.;
Vice President, Mortgage Electronic Registration Systems, as nominee for Bayrock Mortgage Corp.;
Vice President, Mortgage Electronic Registration Systems, as nominee for CTXMortgage Co., LLC;
Vice President, Mortgage Electronic Registration Systems, as nominee for EMC Mortgage Corp.;
Vice President, Mortgage Electronic Registration Systems, as nominee for EQ Financial,Inc.;
Vice President, Mortgage Electronic Registration Systems, as nominee for FirstGuaranty Mortgage Corp.;
Vice President, Mortgage Electronic Registration Systems, as nominee for FranklinFinancial;
Vice President, Mortgage Electronic Registration Systems, as nominee for MaitlandMortgage Lending Company;
Vice President, Mortgage Electronic Registration Systems, as nominee for MortgageNetwork, Inc.;
Vice President, Mortgage Electronic Registration Systems, as nominee for PMC Lending; and
Vice President, Mortgage Electronic Registration Systems, as nominee for ValleyBank.
SEE full deposition -stopforeclosurefraud.com/2010/12/18/full-deposition-transcript-of-lps-greg-allenmers-is-live/

They list these Robo Signers alphabetically so it is easy for you to begin to verify some of the signatures in your documents.

THIS IS ONE POST YOU MUST PASS ON TO EVERYONE YOU KNOW.  It is without a doubt the most valuable post I have ever posted here on TheForeclosureDetonator.

Here now the link to the valuable reference guide courtesy of Scribd…click here

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The CBS 60 Minutes Clip You Must Watch…Exposing the fraud

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For years now, many of us have been attempting to expose the fraud on the part of the banks and more recently on the part of many foreclosure mill law firms.  I for one, have been questioning how most judges around the country have just closed their eyes to the laws when they rule in favor of the banks.  With the exception of judges like Boyko of Ohio , Shack of New York and a very small handful of others the majority of our judicial system have chosen not to uphold the laws, take action for contempt of the law and even more important do nothing when there is obvious fraud on the courts.

CBS’s 60 Minutes has produced this segment, “The Next Housing Shock” which aired Sunday, April 3, 2011.  My previous post talked about it and linked you to the print version of the story.  Now, here is the actual video.

Forward this link to as many as you can.  We must join together to fight back against an illegal and ongoing criminal enterprise.  The banks and the lawyers that represent them must be punished for their illegal and criminal acts.  So must any judge who displays a blatant disregard for the laws they are sworn to uphold.  We must put the “just” back into justice.

Sorry: Embed did not work.  Please click here…for link to video clip

Here is the link to this TFD post to forward:

https://theforeclosuredetonator.wordpress.com/2011/04/09/the-cbs-60-min…you-must-watch/

Click Here…for google search entries on Judge Shack

 

More video on this story:

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Mortgage mess: Who really owns your mortgage?

Scott Pelley explains a bizarre aftershock of the U.S. financial collapse: An epidemic of forged and missing mortgage documents

Click here…To View Clip

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Foreclosures Continue At B of A and GMAC

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No Foreclosure Problems at Bank of America? Don’t You Believe It
After a 16-day review of its foreclosures, Bank of America (BAC) has pronounced itself satisfied: It found no problems at all with any of them, and it’s ready to resume processing foreclosures.

Corruption at its’ best.  Bank of America last week announced that it would resume forecloseures in 23 of the 50 states they halted them in.  Curious at best – devious in reality.

B of A claims that in just under three weeks that they went through mountains of files – some which must be over 6 inches thick – and concluded that there are no problems in any of them.  The number of cases purportedly were over 120,000.  Who are they kidding?  Even their best “robo-signers” could not have gone through that many files and pages in that amount of time let alone inspected each file for missing documents or forged signatures.

In addition, why have they resumed foreclosures in onlly the 23 judicial states where they have to go to court to get their  foreclosures?  Why not, if paperwork is or is not proper, continue foreclosures in the 27 states where no court appearances or court rulings are required to foreclose?

My answer to this is simple.  They are testing the waters of our legal and judicial systme.  They are also testing the waters of our Federal and State governments.  They want to see how judges in the various states will rule now that the evidence has come to the forefront about improper documentation.  If  some judges rule in favor of the bank regardless of having proper files, documentation and following the states statutes and Rules of Civil Procedure, the banks can establish precedence using those cases to thwart the attempts to defend by other homeowners.

I also believe that the banks are fearful of an onslaught of law suites in the non judicial states by homeowners now realizing that they too can defend and fight their foreclosures.  Most homeowners in these non judicial states and some lawyers believe that there exists no course of legal action to fight a foreclosure.  They believe that all the bank needs to do is to post a notice of sale on their door and then sell their property at auction.

Of course, this is untrue.  For those of you who may still believe this, you too have the same rights and the same defenses as those who live in the judicial states.  The major difference is that in the judicial states it is the bank who files the lawsuit that you simpley defend.  In a non judicial state – it is you, the homeowner – who must file the action in your local court and pay th efiling frees to do so.  I think the banks now believe that many kow this.

So how bold is this action by two of the largest banks in the mortgage business?  Pretty bold, I would say.  To know that you are wrong and violating not only the laws but individuals legal rights as well is just plain unconscionable.  To be exposed as a fraud and a criminal knowing that your are Too Big To Fail and will not be allowed to, is even more criminal then the fraudulent actions taken by all the banks that created this crisis to begin with.

Keep in mind also that GMAC is still owned by US as in the U.S. Government – us vial our tax dollars used to bail them out.  In other words, our government allowed this fraud – creating the worst financial crisis in this country and the world ever – then used our money to enrich them some more (it was not a bailout it was a cover up) and now our government – in an attempt, I believe, to cover up the new found fraud – is siding with the banks thereby allowing them to continue their crime spree.

Wake up America!  Why are we standing for B of A and GMAC to continue these illegal actions.  In fact, why are we standing for any of the banks to continue to foreclose in any of the 50 states unless they can prove ownership of the mortage note via bonafide Assignments or sales recorded not with MERS but in the courthouses of each and every county.  Further we should insist that the banks prove all documentation of the mortgage and note are real, accurate and complete and that all the requirements of all the states statutes and Rules of Civil Procedure are followed.

Then, if the bank has the proper standing to take the action, can prove ownership of the mortgage note, provide an Affidavit as to actual amounts owes by a person who really has gone through the account and is personally familiar with the facts and details, they should be granted the foreclosure.  IF THEY CANNOT PROVE LEGAL STANDING TO TAKE THE ACITON, CAN NOT PROVIDE ALL THE REQUIRED DOCUMENTATION REQUIRED IN THE MORTGAGE FILE AND DO NOT ADHERE TO THE LAWS THEN THEY SHOULD BE DENIED THEIR RIGHTS TO FORECLOSURE…PERIOD.

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The Modification and Foreclosure Scams Continue

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Rocket dockets, changing from a judicial foreclosure state to a non judicial state, denying a defense and lying to the public, that is what our government and our judicial system and the banksters are doing.

The story on modifications is not new.  Read a recent article in the Ft. Lauderdale Sun SentinelLoan modification rules meet with skepticism.

“We need help,” said Steve White, a Tampa homeowner who has been trying to get his loan modified since May. “I can’t get anyone on the phone, and when I do, 10 different people tell me 10 different things.”

The article makes a statement, “”a recent Treasury Department report showing nearly 300,000 homeowners could lose their modified mortgage agreement because paperwork wasn’t turned in or showed they no longer qualified.”  A statement that is untrue and misleading.

As you will see in other quotes in the article, people do send in the requested paperwork and it is always the same.  The bank tells them they never received it – even after people have sent it several times.  A SCAM!

The other statement made is that people were turned down because “they no longer qualify“.  First of all, if they no longer qualify, then they didn’t qualify to begin with so why, WHY play with peoples emotions and lives?  But the truth of the matter is that most people cannot qualify because they don’t have enough income, their house is upside down in value or they find themselves unemployed due to the economic crash caused by the banks who are foreclosing.  THIS IS JUST CRIMINAL!

The government’s program aims to keep more homeowners in their homes, but borrowers and housing counselors say the modification process is as cumbersome as ever. It can take months to get a response from the lender, they say, and lenders routinely misplace paperwork, don’t return calls and don’t explain rejections.

“The government’s program aims to keep more homeowners in their homes.” Sorry, what a crock!  The government uses none of its power to do so.  The programs, like HAMP are simply a joke, especially when the massive problem is taken into consideration.  The government is continuing to allow the transfer of wealth to the “elite” or the “banksters”.  After all, when it came time to bail out “our enemies” those foreclosing on us, the government threw billions/trillions of dollars at them OVERNIGHT.  It didn’t take months or weeks or even days.  It was done IMMEDIATELY!  Just think how all of this money, the 189 billion dollars GIVEN to AIG (another scam now being somewhat investigated but with no hope of criminal action I far) could have worked to help homeowners.

When the government or their Barron’s want help and money THEY GET IT.

“It can take months to get a response from the lender,…”.  It only took 24 to 48 houses for the banks to underwrite the original loan, why so long to in effect re underwrite it?  However, the short underwriting time was due to the fact that they really did not underwirte, they were just in a hurry to give yo the loan so that they could sell it and make huge amounts of money doing so.  I believe they also knew that they would be getting the properties back at some time and make even more huge amounts of money.  But in reality a week or even two weeks is ample time to underwrite a loan or a loan modificaiton.  You either fit the guidelines or you don’t after proper verification.

“…and lenders routinely misplace paperwork, don’t return calls and don’t explain rejections. The key word here is “routinely” misplace paperwork.  How does this happen “routinely”?  What happens to the paperwork and how secure is your private information?

“No one really knows why this happens at banks, whether it’s a book keeping error or it’s intentional to shake down borrowers,” said Shari Olefson, a real estate lawyer with Fowler, White and Boggs, noting that she consistently hears that lenders lose paperwork.

Of course it is intentional. It is not a scattered or isolated incident.  It happens consistently and across the board.

Additionally, not explaining rejections is a violation of the Fair Credit Reporting Act.  You must be given a reason for a credit denial “in writing”.  Applying for a loan modification is a new application for credit the should also follow these rules.  If  you have been denied a modification you should report the bank or most likely the servicing compnay to the FTC’s Consumer Protection Agency as well as to your state’s Attorney General.

What we need is a well managed and united effort by all of us against all of them.  Class action suits, letters to your Attorney General, to your Congressmen and Senators and to the Attorney General of the United States.

One woman has taken action and has started a class action law suit aganst Aurora Loan Services.  Her name is Joy Schmidt.  Her website is United We Stand, Aurora Will Fall. Click the underlined link especially if you are dealing with Aurora.

Others should unite as well.  Those of you dealing with Deutsche Bank, Home Loan Services, LaSalle Bank (now Bank of America), Bank of America, Chase Home Loans, Citi and all the others.  Use this site if you wish to let others know who you are having problems with.  From here, perhaps, you can all join forces.

Helping a homeowner stay in their home is what is needed.  This helps the economy, helps retain values and integrity of neighborhoods.  Fighting against the injustice of the justice system is our Constitutional right.  Having government work for us not against us is our Constitutional right.  Stopping the financial slaughter of Americans – an economic genocide, if you will – is our Constitutional right as well as our human right.

Here are some other quotes taken from the Sun Sentinel article:

Jeffery Feig, of Sarasota, sought a modification for five months and was approved last March. His payment was cut in half, but Bank of America called two months later to say it changed its mind. The only explanation was that he hadn’t sent necessary financial paperwork, something he disputes.

“They wouldn’t have approved me in the first place if they had not received all the paperwork,” Feig said. “Since then, I’ve sent the paperwork again, and my attorney has sent the paperwork. They always say they didn’t receive it.”

In Tampa, Jeff Kops said his lender, also Bank of America, sent him a loan modification packet offering a lower payment. He agreed, sent the paperwork back and started paying the lower amount. But a few months later, the bank said it could no longer honor the modification because of a problem with the notary on the paperwork.

Kops said the lender looked at the paperwork again and offered him a monthly payment that was $500 higher than the previous offer.
We cannot allow this to continue.  As I have always said and maintain, “Right is Right and Wrong is Wrong”.  Let us right the wrongs being perpetrated against us

. Roach tried to modify her loan with Well Fargo last year and said it was a “paperwork nightmare.” She said the bank always ended up misplacing paperwork, requesting more and then denying her requests.

Roach lost her job as a nutritionist and now makes less than half her former salary. Her home is now worth less than half what she paid in 2006. She said she’s depleted her savings and sold some of her belongings to pay mortgage payments.

“I was rejected twice, and I think it’s because I’m not behind on my mortgage,” she said. “I’m being penalized for trying to do the right thing. This is why so many people just walk away.”

Stay focused and stay determined.  “Together We Can Make A Difference”

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Foreclosure Rescue Scams

Many foreclosure rescue scams are just rip offs.  The promise to stop a foreclosure along with guarantees to do so abound.  No matter what the economic condition, scammers will find a way to prey on the weaknesses of people.

Recently a court in Tampa, Florida found a “rescue” company guilty as reporrted by The National Law Journal in an article, ”

Mortgage Foreclosure “Rescue” Service Settles FTC Unfair Trade Practices Lawsuit for $1.2 Million

 

On January 5, 2009, Florida-based Mortgage Foreclosure Solutions, Inc., agreed to a $1.2 million settlement with the Federal Trade Commision.  The FTC had sued the foreclosure “rescue” service in February 2008, alleging unfair and deceptive practices in violation of federal law.  The defendant claimed, in numerous webites and blogs, that it could stop mortgage foreclosures regardless of consumers’ payment histories or financial condition.  One promotion stated, “We are so confident of our abilities to provide you with a solution in stopping your foreclosure that we gaurantee our services in writing to you.”

The FTC’s complaint further alleged that consumers were charged an upfront fee of $1,200 after calling a toll free number and being interviewed about their mortgage foreclosure; regardless of their financial condition, consumers were told they qualified for a workout plan.  The FTC alleged that after receiving payment, the defendant failed to return consumers’ telephone calls, or that consumers were told the defendant was working on a solution or that no solution could be acheived after all.  The complaint stated that many consumers lost their homes to foreclosure, or that consumers prevented foreclosure through their own efforts.

Under the terms of the settlement filed in U.S. district court in Tampa, Florida, the defendant agreed to pay the FTC $1.2 million.  Because of the defendant’s lack of resources, the FTC agreed to suspend payment of all but $8,320 of the judgment, unless the defendant was later found to have misrepresented its financial condition.  The defendant also agreed to a list of conditions prohibiting future activities promising mortgage foreclosure “rescues.”

The FTC’s website, www.ftc.gov, contains a publication designed to assist consumers from falling victim to mortgage foreclosure “rescue” scams.  The publication advises that consumers avoid doing business with any firm that:

  • guarantees to stop the foreclosure process – no matter what your circumstances
  • instructs you not to contact your lender, lawyer, or credit or housing counselor
  • collects a fee before providing you with any services
  • accepts payment only by cashier’s check or wire transfer
  • encourages you to lease your home so you can buy it back over time
  • tells you to make your mortgage payments directly to it, rather than your lender
  • tells you to transfer your property deed or title to it
  • offers to buy your house for cash at a fixed price that is not set by the housing market at the time of sale
  • offers to fill out paperwork for you
  • pressures you to sign paperwork you haven’t had a chance to read thoroughly or that you don’t understand.See “Facts for Consumers, Foreclosure Rescue Scams: Another Potential Stress for Homeowners in Distress,” available at www.ftc.gov.
  • Beware of rescue scams including most Loan Modification services.  Loan Modifications for most don’t work.  They also offer guanantees of lowering your interest and payments and will allow you to avoid foreclosure.

    Many law firms are in the loan modification business today.  That is not to say that attorneys are scamming the public, most are not.  Just be aware that most people don’t qualify for a loan modification even if the servicing company is willling to do one.

    Fighting and defending a foreclosure legally is not the same as “rescue” or modification and there  is no guarantee that it will work.  However, given the case history and the actions of many attorneys operating “foreclosure mills”, there is a good chance that the Plaintiff – the party suing you for foreclosure – does not have the right to do so.

    What has been proven by case history, federal court decisions and other state court decisions, is that irregulariteis in filing by the Plaintiffs are being recognized by the courts.  They, often times can cure – correct – these irregularities but that takes time and time is what you need if you are facing foreclosure.

    More on Loan Modifications in a future post. 
    Also, go to:

    Foreclosure Rescue Companies – A new breed of swindler

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