Letter to Financial Crisis Inquiry Commission Regarding Fabricated/Forged Mortgage Documents by Deutsche Bank
December 21, 2012
This article was originally published in Lynn Szymoniak’s publication, ‘Fraud Digest,’ and is republished here as a resource for those interested in foreclosures and document fraud.
January 19, 2010
Mr. Phil Angelides, Chairman
Financial Crisis Inquiry Commission
1717 Pennsylvania Avenue, NW
Washington, D.C. 20006-4614
Re: Fabricated/Forged Mortgage Documents by Deutsche Bank
Dear Commission Chairman Angelides:
This letter concerns fabricated and forged mortgage-related documents that are being filed in thousands of foreclosure actions throughout the United States.
These documents were prepared by a company known as DOCX, LLC, a company that prepares and processes mortgage documents for banks and mortgage lenders. DOCX was created in 2005. It is located in Alpharetta, Georgia, and is owned by a Jacksonville, Florida company.
In thousands of foreclosure cases, DOCX has provided Assignments so that Deutsche Bank National Trust Company (“DBNTC”) may successfully pursue foreclosures even when the proper documents do not exist. These documents very often appear in cases where the mortgage has been purchased, and combined with others to create to an asset-back security. In the rush to create these securities, the banks and investment companies often failed to adhere to state and federal laws regarding executing and filing Assignments. Docx was created after various state and federal court judges began to dismiss Deutsche Bank’s foreclosure actions because chain-of-title could not be established.
In many cases, the original lender was Option One Mortgage Company in Irvine, CA, a former subsidiary of H & R Block that filed for bankruptcy in 2008. These loans were “serviced” by American Home Mortgage Servicing, Inc. (“AHMSI”) in Irving, Texas. AHMSI continued to service the loans after they were transferred from Option One to a depositor, then to an underwriter, for conversion into securities. DBNTC became the trustee for these securities. As these transfers occurred, they often occurred on paper only – without transfer of the Mortgages and Notes – and without actual Assignments being prepared and filed with notice to the homeowners. This resulted in the problem that homeowners often cannot determine who actually owns their mortgage.
Attached are examples of mortgage-related documents prepared by DOCX. There are thousands more. On these assignments, employees of DOCX represent that they are officers of various banks and mortgage lenders. As an example, on mortgage documents prepared by DOCX, since January 1, 2006, Linda Green has signed as a Vice President of at least eight different banks and mortgage companies, including: Bank of America, Wells Fargo Bank, Option One Mortgage Corporation, American Home Mortgage Servicing, American Home Mortgage Acceptance, Argent Mortgage Company, LLC, Sand Canyon Corporation, and Mortgage Electronic Registration Systems, Inc., acting solely as a nominee for HLB Mortgage.
Korell Harp’s purported signature appears on documents where he is identified as Vice President of MERS as nominee for Quick Loan Funding, Vice president and Assistant Secretary for Argent Mortgage Company, Authorized Signer for USAA Federal Savings Bank, Vice President of American Home Mortgage Servicing, Inc., as successor-in- interest to Option One Mortgage Corporation, Vice President of American Home Mortgage Acceptance, Inc., and Vice President of Sand Canyon Corporation.
Tywanna Thomas’s purported signature appears on documents where she is identified as Assistant Vice President of MERS, as nominee for Quick Loan Funding, Inc.; Assistant Secretary of MERS, as nominee for American Home Mortgage Acceptance, Inc.; Assistant Vice President of Sand Canyon Corporation, formerly known as Option One Mortgage; and Vice President & Assistant Secretary of Argent Mortgage Company.
Other names that appear on hundreds of DOCX assignments, as officers of many different banks, include Jessica Odhe, Brent Bagley, Christie Baldwin, Cheryl Thomas and Linda Thoresen. These documents have all been notarized in Fulton County, Georgia. An examination of the signatures also reveals that the signatures of the same person vary significantly.
Even if the banks have authorized these individuals to sign mortgage assignments, FDIC and FTC regulations would not allow these individuals to hold themselves out as bank officers when they are not.
Deutsche Bank National Trust, the company that has often been identified as the “foreclosure king” in the U.S., is one of the most frequent users of DOCX documents. Deutsche Bank has been regularly criticized by judges in foreclosure actions for submitting questionable Assignments from document mills. (See, especially, the opinions of New York Supreme Court Judge Arthur M. Schack. In many cases, where the same person appears as an officer of several different banks, Judge Schack has dismissed the foreclosure action and ordered that such actions cannot be refilled unless the lender provides the three-year employment records of such individuals.) It appears that Deutsche Bank, and others, are engaged in a wide-ranging fraud on Courts and homeowners. In most cases, however, homeowners in foreclosure do not have the resources to hire attorneys, or the knowledge and resolve to challenge a financial giant like Deutsche Bank.
I would appreciate an investigation of this matter by your committee, appropriate action and relief for homeowners who have been victimized by these practices.
Thank you for your attention to this matter. Yours truly,
LYNN E. SZYMONIAK, ESQ.
Enclosures: examples of Docx-prepared Mortgage Assignments
Article: “An Offcer of Too Many Banks,” Lynn Szymoniak, Esq., Editor, Fraud Digest, January, 2010
Article: “Too Many Jobs,” Lynn Szymoniak, Esq., Editor, Fraud Digest, January, 2010