Fraud by Lenders in Foreclosures

January 10, 2013

 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.

Fraud Digest, July 30, 2010

 

I. MORTGAGE ASSIGNMENTS

1. WIDESPREAD FORGERIES BY MORTAGE SERVICERS: SIGNING THE NAME OF OTHERS ON MORTGAGE ASSIGNMENTS THAT ARE WITNESSED, NOTARIZED, FILED & SUBMITTED TO COURTS TO PROVE CHAIN-OF-TITLE IN FORECLOSURE ACTIONS

a) Docx Examples
b) Ocwen Examples
c) David Stern Examples
d) New Century Mortgage – the well-worn signature stamp

2. WRONGFULLY CLAIMING TO BE OFFICERS OF LENDERS

a) Officers of Too Many Banks
b) Brooklyn Judges Take Note
c) How MERS Complicates the Issues/ Law Firm Employees as MERS Officers
d) Perpetual Existence – Signing as Officers of Banks (IndyMac and Lehman) That No longer Exist; More Bad Advice from Freddie Mac
e) Signing as Officers of Companies in Bankruptcy
f) The Power of Attorney and Corporate Resolution Defense

3. SIGNING NONSENSE ASSIGNMENTS

a) the Grantor is identified as “Bogus Assignee” b) the Grantee is identified as “A Bad Bene”
c) the effective date is in the year 9999
d) the blank line, witnessed and notarized

4. FRAUDULENTLY STATED EFFECTIVE DATES

a) retroactive to 1950;
b) the non-specific date: “On or before July 1, 2010…”
c) conflicts with the closing dates of residential mortgage- backed trusts

5. SIGNING FOR THE GRANTOR WHILE ACTUALLY WORKING FOR THE GRANTEE

6. FRAUD BY THE NOTARIES (“HE’D LIE AND SHE’D SWEAR TO IT.”)

II. FRAUD DRIVEN BY FLAWED SECURITIZATION

1. TWELVE TRILLION TOTAL MORTGAGE DEBT – MOST OF IT NOW IN RESIDENTIAL MORTGAGE-BACKED TRUSTS
2. 5,000 – 9,000 PER BUNDLE
3. THE BUNDLES ARE STATIC
4. THE BUNDLES HAVE CLOSING DATES
5. THE BUNDLES HAVE RULES & INSURANCE – SET FORTH IN POOLING & SERVICING AGREEMENTS
6. THE CONTENTS ARE DESCRIBED IN THE PROSPECTUS (SELLING MOPEDS AS CADILLACS)
7. THE SEC HAS RULES (NOT ENFORCEMENT, BUT RULES)
8. AND, OF COURSE, THE IRS HAS RULES
9. BETTING AGAINST THE BUNDLES/THE GOLDMAN SACHS EXPERIENCE/ENCOURAGEMENT OF DEFAULTS BY SERVICERS

III.OTHER MORTGAGE-RELATED DOCUMENTS

1. LOST NOTE AFFIDAVITS

a) The most often told courtroom lie of the 21st Century: “We Own the Note; We Had the Note; We Lost the Note.”

b) Affidavit Signers With No Actual Knowledge

2. FRENCH FRAUD: THE FRAUDULENT ALLONGE
3. THE FRAUDULENT NOTE ENDORESEMENT STAMP
4. EUREKA! – WE FOUND THE NOTE/BLUE INK COPIER ISSUES
5. AFFIDAVITS IN SUPPORT OF SUMMARY JUDGMENT
6. PROOF OF PUBLICATION AFFIDAVITS
7. REASONABLE ATTORNEY’S FEES AFFIDAVITS
8. THE SPECIAL PROBLEM OF SEWER SERVICE

IV. JUDGES & FRAUDULENT CONDUCT

1. BANKRUPTCY COURTS TAKE THE LEAD
2. THE HONORABLE ARTHUR SCHACK & THE BROOKLYN JUDGES 3. LEADING FLORIDA CASES

V. BEYOND SANCTIONS