Tag Archives: FRAUDULENT DOCUMENTS

AN EXAMPLE OF HOW A C & E FITS INTO THE SYSTEM OF THINGS!

(NOT-SO-BREAKING-NEWS — OP-ED) — The poster of this blog is NOT an attorney; however, he works with attorneys to achieve positive results in creating potential legal scenarios that could stop foreclosures dead in their tracks! 

There are times when the legal system “pats itself on the back” and times when it pauses to reflect on past issues.  The party discussed in this case happens to be one Jorge Porter, a gentleman I was introduced to long ago by the late Coral Gables, Florida foreclosure defense attorney John Herrera, who sadly passed away long before his time.   It never ceases to amaze me that “the system of things” that runs the legal profession and the manner in which case law is established and made available to the public comes at a time when it’s convenient for the banking industry and not for consumers.

Such is the case here, where it’s taken several months for a Third DCA Florida case to reveal itself:

CitiMortgage, Inc v Jorge Porter et al, 3D17-2469 (Dec 19, 2018)

Bogus documents?  You bet!  Suspect criminal behavior?  You bet.  The Appellate Court even used the term “criminal” in its ruling!   There are some great Florida cases cited in this ruling, which reflect on past cases where fraudulent documents were introduced into the case, relied upon, to the detriment of the parties bringing these suspect documents into court!

Then surprisingly, months later, the legal profession decided to approach this subject matter, with a blog posting:

Lexology Article on Porter Case (Mar 21, 2019)

When one reads the court’s order … and then reads the Lexology post, it pins the misbehavior directly on the borrower, Jorge Porter!  This also goes to show you that “two wrongs don’t make a right”!  Filing administrative crap in the land records like Deeds of Reconveyance, Substitutions of Trustee, Satisfactions of Mortgage, Land Patents, U.C.C.-1 Financing Statements and the like is NOT the way to solve your problems if you’re facing foreclosure or even default.  Because the Florida Third DCA pointed it out, the appellates did it for a reason.  You cannot file bogus crap in the land records to defeat a lien interest yourself!  We have a process to legally deal with the system of things when bogus documents are suspect.

It’s called a cancellation and expungement action (C & E)!

We wrote a book about it (see below).  No one else has done this because no one has really come up with any viable solution to challenge these documents even though state statutes allow for it.  Not only that, we’ve figured out a way to “make it personal”, which means we’ve figured out a way to by-pass the Fair Debt Collection Practices Act and go after the lawyers, document mills, notaries and title companies who caused this bogus crap to be recorded in the land records in the first place!  All one has to do is go searching in the land records for assignments and I will prove my point 9 times out of 10!   You see, the recent Obduskey decision by the United States Supreme Court doesn’t address ethical violations committed by attorneys for the banks when they rely on bogus, criminally-conspired-and-drafted, fraudulently-recorded documents!  The Obduskey case also does NOT protect the robosigners and notaries whose names appear on these fraudulent documents!

Thus, California attorney Al West and I put together an intensive, two-day class to educate you as to HOW a C & E action is created, researched, analyzed, drafted, filed and executed on!

I’ve blogged about it before, but this case just got under my craw (Jorge Porter should have known better) and I had to share it because when “something is rotten in Denmark” and there are 500-million-plus suspect bogus documents in the land records THAT ARE STILL THERE and STILL CONTINUE TO BE THERE, even AFTER the foreclosure has taken place (some are actually recorded AFTER the foreclosure has taken place … by the very banks doing the foreclosing) … don’t you think you owe it to yourself to research what the “mongoose is to the snake”?

DETAILS ON THE WORKSHOP:

The host hotel has extended the registration deadline until

Friday, March 29th

for those of you wishing to reserve a sleeping room for the event.

The downloadable forms you need to attend are right here:

 LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

Simply book your sleeping room for this event by clicking on this link:

 http://group.doubletree.com/ForeclosureDefense

We got a really great room rate and FREE breakfast buffet!

FREE airport shuttle service to and from Las Vegas McCarran Airport (LAS)!

Seating is limited! (and we mean “limited”)

We have millionaire investors … attorneys … homeowners in litigation …

trusts and LLCs in litigation … real estate agents and brokers … paralegals …

ALL REGISTERED TO ATTEND!

The best part is … DIRTY DOCUMENTS apply to all their cases!

You can pay for your attendance fees by visiting THIS LINK!

Once you’ve paid your attendance fee, click here:

FDW REGISTRATION FORM_LAS VEGAS_2019

to download your Registration Form!

Fill it out, scan it and email it HERE!

Make sure you pay attention to all pull-down menus and

related cart processing information!

We have a secure website and we do not store cardholder information!

Everyone attending gets handouts and a copy of the brand new book:

You don’t have much time though.  

The date of this workshop is fast approaching! 

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UPDATE: BRUCE JACOBS IS FIGHTING BANK OF AMERICA!

UPDATE FROM MIAMI —

Miami-Dade Judge Bronwyn Miller has rejected attorney Bruce Jacobs’ demands that Bank of America be sanctioned for withholding and destroying records … 1.8-billion of them!  There was no specific reason given for the Judge’s decision.  Bank of America (of course) argues that Jacobs’ claims were baseless.

Jacobs had accused the bank of purging the records while under a court-ordered subpoena (in another foreclosure case) to hide evidence of alleged fraud because the original records may have been altered.  Bank of America responded by stating that the records were copied by an outside firm and returned to the bank and that it was the “outside firm’s copies that were purged”.  Bank of America’s attorney stated that Jacobs’ claims were not relevant to this matter because they were based on claims from another case raised in bankruptcy court.  (See the article below for clarification!)

 

See the following link:

https://www.cnbc.com/2018/10/11/bank-of-america-fights-court-battle-over-purge-of-nearly-2-billion-bank-records.html

NOTE:  Bruce has asked me to repost this!

OP-ED — It is not surprising that the individual documents involved in the particular case are not a part of the scrutiny involved here.  Anyone reading any “manufactured” Bank of America document could understand that in (for a time) in Simi Valley, California, tens of thousands of so-called fraudulent assignments of both mortgages and deeds of trust were created under the direction of Bank of America in order to create standing so it could foreclose on affected homeowners.  Many of these documents contained “CoreLogic” on them.  We know from a certain interview with a former contract worker at Simi Valley (in the document manufacturing plant there) that he was signing documents as a Vice President of Mortgage Electronic Registration Systems, Inc. and he didn’t even know who MERS was.  Documents were always referenced back to CoreLogic in Chapin, South Carolina.  Remember the LPS debacle?

Title companies and document processing plants that go out of their way to create documents (or be involved in the creation of them) are NOT your friend!

Many of these documents claim that Bank of America, NA ended up with (as an assignee, or transferred to another party as an assignor) an assignment of mortgage or deed of trust as the result of a merger involving “BAC Home Loans Servicing LP fka Countrywide Home Loans Servicing LP”, which we have researched thoroughly and found to be false, as Countrywide Home Loans, Inc. was not directly subsumed into Bank of America, N.A.   Oops!  We forgot Red Oak Capital and another merger entity.  The point being … if the other side is going to claim that it acquired something by merger … don’t you think it’s necessary to make them prove it?   We take too much of this for granted and don’t recognize when something is that obvious that we “forget” to challenge it. Every state in the U.S. has a civil component for attacking fraudulent documents.  Why is no one using them to their fullest extent?

Of the documents we now find worthy of discovery: (a.) all assignments in the chain of title; (b.) limited powers of attorney recorded for the benefit of the assignee (Grantee); and (c.) agency and/or merger agreements.  The Grantee (or Assignee) of an agency relationship cannot prove that relationship.  It must be legally proven by the Grantor (or Assignor) of the relationship!  For example … how can a Borrower “agree” that an agency relationship between Mortgage Electronic Registration Systems, Inc. exists on a mortgage or deed of trust when the Borrower has no proof or personal knowledge of such?

This is why homeowners should regard anything involving “MERS” as suspect and (as we suggest) … walk away from the closing table!  It’s bad enough that over 80-million homes have issues involving their chains of title because of MERS and yet people keep going to the closing table and signing these documents without reading them because they just want the damned keys to the house, whether it financially and psychologically affects them in the future!

This is why we see increased bankruptcy filings, suicides and murder-suicides related to foreclosure cases all over America!  There are portfolio lenders (like fsnb.com) out there … why aren’t we using them instead?   And now another round of subprime mortgages has hit the national marketplace and people who got into trouble in Round One are the first ones standing in line for Round Two.  When will we learn that those who are ignorant of history are condemned to repeat it?

In my next post, I’m going to present a 5th U.S. Circuit case where a REMIC won because of a homeowner’s failure to properly attack his case!  This case involves not one but TWO Assignments of Deed of Trust that were not only servicer “manufactured” but recorded in “reverse”, which would appear to have negated the effectiveness of BOTH of them!  You be the judge!

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