Tag Archives: Miami-Dade Circuit Judge Beatrice Butchko

MIAMI-DADE JUDGE BITCH SLAPS US BANK!

(BREAKING NEWS — OP-ED) — 

It’s not every day a judge gets vile with a plaintiff REMIC trying to foreclose on some unsuspecting homeowner … however; in this case, Judge Beatrice Butchko (of the infamous Buset case, you know, the one she said where HSBC came into court with unclean hands?) did a smack down on U.S. Bank’s attorneys with a show cause order:

Signed-Order-to-Show-Cause

If the infamous Buset case wasn’t enough for you, this case has some serious robosigning underpinnings, thanks to your wonderful friends at Bank of America, N.A.:

ZAYAS ASSIGNMENT OF MORTGAGE

And for those of you C&E fans out there … you’ll be glad to see what’s in the assignment of mortgage that Bank of America contract workers in Simi Valley, California (B of A’s document mill) cranked out, all those famous names, the names you know … Dominique Johnson, Mary Ann Hierman and Srbui Muradyan … and lest we forget L.A. Llanos, who signed the document under penalty of perjury under California law!  Sadly, a Miami-Dade law firm was involved in the manufacture of the assignment.  Can you see the name of the attorney in the upper, left-hand corner of the recorded Instrument?

They even backdated the assignment to March 6, 2010.  But no matter … the REMIC trust was closed on March 30, 2006, so backdating the assignment to March 6, 2010 means nothing. The REMIC’s cut-off date was March 1, 2006.  And let’s talk about the ADVANCES section, shall we?

Anyone researching into MortgageIt knows this entity was fully acquired by Deutsche Bank Structured Products on January 3, 2007, nearly 3 years after MortgageIt went public.  The two would later settle fraud charges under the federal False Claims Act for repeated false certifications to HUD.  In January of 2018, MortgageIT ceased its wholesale lending practices.

Under the ADVANCES section, do you notice that this section is all about the Servicer and NOT the REMIC?  From the looks of these two paragraphs, this REMIC was subprime shit!

And for those of you who think CoreLogic is your friend, think again.  And exactly what happened to the Simi Valley, California document mill, in which a majority of the assignments involved or named CoreLogic within the document?   All of a sudden, it ceased to exist, after reportedly retaining over 40 contract robosigners to affix their signatures to assignments like the one shown in this post, supervised by at least 3 Bank of America employees.  The majority of the Simi Valley garbage was produced between 2012 and 2015.  Anything you see involving the law firm handling the processing of the foreclosure, CoreLogic and Bank of America should be considered suspect and flagged for investigation.

Where’s the Note?

Good question.  There’s no mention of it in the assignment of mortgage.  There are (to date) 181 docket listings for this case, leading up to the judge’s Show Cause Order.

The Note was never assigned.  And we all know that notes are “negotiated” right?   So … we went looking for the October 21, 2005 note in the Court file and voila:

Notice the indorsement-in-blank is undated?  There is no effective date of transfer, nor does it evidence 3 true sales as stated within the REMIC’s own sales pitch (below), needed to occur.  And exactly HOW MANY payments of principal and interest did the servicer make to the certificate holders before it demanded to be reimbursed.  How many credit default swaps were executed as part of the deal that paid out?   How much default insurance was cashed in on?   Certainly the title was screwed up?   How much did the sponsor-seller make off of claiming that the securities were equitable instruments when they were, in fact, nothing but evidence of debt.  This is the problem with Wall Street … fooling investors and the government into believing that this subprime shit actually had value when the trusts were probably empty promises to begin with!

SEC Info – Merrill Lynch Mortgage Investors Inc – ‘424B5’ on 3:29:06 re: Specialty Underwriting & Re

A lot of “proof” has to go into the pudding, so let’s take a look at the recent Certo case and see if we can glean any juicy details as far as the note is concerned:

Certo v BONY Mellon, 1D17-4421 (Apr 3, 2019)

I know.  It’s information overload.  But it’s current … and in the Certo case, the 1st DCA reversed the circuit court’s ruling of foreclosure.

And how is it that MERS alone was being relied on by people who had little to no idea was MERS was (in the assignment)?  At least one contract worker who said he worked at the BofA document mill said he signed over 225 documents a day as a Vice President of MERS and had no idea who MERS was!  If that’s not f**ked up, I don’t know what is!  But hey, when you put your faith in the American Banking System, you get F**KED!

The author of this post is the authored of Clouded Titles, available at CloudedTitles.com!  The commentary expressed herein is the opinion of the authors and does not constitute legal advice.  If you want legal advice, get an attorney that knows how to properly draft and file a cancellation and expungement action on a recorded assignment,  In Florida, we like F.C.C. § 817.535, which has a civil component to it.

To all of the C&E students who recently attended the Las Vegas workshop … see if you can spot the targets in the Assignment of Mortgage in this article!  How many in-state and out-0f-state defendants and/or deponents can you identify?   Put that show cause order date on your calendar.  I’ll be interested to see what Judge Butchko does to these morons.

It’s funny that they can come into court and assert stuff.  Then, when asked to prove it up through discovery, they refuse to give us the goods that we can use to eviscerate them.  Lest we also forget … what about this piece?: U_S_BANK_Brochure_Borrower-is-a-party_9-13

All of this stuff leaves us with a lot of questions, right?    But it appears Judge Butchko isn’t leaving a lot to chance.  She appears to have closed a lot of loopholes versus the outcome in the Buset case, where she determined HSBC came to court with unclean hands.  It won’t be the first time.

If Deutsche Bank subsumed MortgageIT in 2007, how did this REMIC, with US Bank as its Trustee, end up with the Note and Mortgage in 2010, long after the REMIC closed?

See IRC § 860(g) and New York Estates Powers & Trusts § 7-2.4.

Bruce Jacobs certainly has his hands full again, right?

To be continued.

 

 

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UPDATE FROM MIAMI: TWO DITECH ATTORNEYS AND THEIR SCUMBAG WITNESS WON’T FACE THE MUSIC AFTER ALL!

(BREAKING NEWS, OP-ED) — 

UPDATE (September 29, 2018) … 

For those of you who were hoping that the SHTF for two Ditech attorneys and the witness for the servicer who allegedly gave false testimony at trial … we thought you’d like to see the research that we recently pulled out of the court record.   I am confused Judge Butchko?  

Green Tree Svcg LLC v Marin et al_Order Staying Indirect Criminal Contempt (Dec 14, 2017)

This kind of behavior could have been called out using “the system of things” the way it was designed … however, Foreclosure Defense Attorney Bruce Jacobs has not elected to utilize those designations, especially when he knew they were available.  Since then (in this case), counsel for the Plaintiff (Green Tree) has changed.  It appears there are several lawyers involved in the fray now.  All of them, as we peel back the layers of the onion, could be tested as to how the system of things is supposed to work.  We’ll see as time progresses through what is now an apparent 3-year-old case. 

Several media outlets, including the Daily Business Review, Miami New Times and Law.com are all reporting that the two Ditech Financial LLC attorneys are slated to face Miami-Dade Judge Beatrice Butchko on February 1, 2018, pending their appeal to stop the proceedings.

Miami-Dade Judge Beatrice Butchko

Miami-Dade Circuit Court Judge Beatrice Butchko ordered a non-jury trial date (which amounts to a “trial to the bench”, similar to foreclosure proceedings where a judge gets to rule unilaterally instead of the matter going to a jury of peers) for February 1, 2018, where Florida attorneys Yacenda Hudson and Amina McNeil have to show why they should not be held in criminal contempt of court for not producing Ditech manuals which explain the company’s record-keeping processes, which the lawyers finally did produce for opposing counsel, Bruce Jacobs of Jacobs-Keeley, a prominent Miami-Dade law firm this blog poster is directly familiar with.

Jacobs, himself a former prosecutor, has chastised the behavior of Hudson and McNeil and their witness from Ditech, Christopher Ogden, who Miami-Dade Circuit Court Judge Pedro Escharte, Jr. has implied “gave false testimony in an effort to introduce the prior servicer’s records into evidence under false pretenses.”

Amina McNeil, Tromberg Law Group

Yacenda Hudson, Tromberg Law Group

Hudson and McNeil have hired their own lawyers, who filed multiple motions in an effort to derail the upcoming hearing.  If the attorneys are found in contempt, Judge Butchko has threatened referral to the Florida Bar, which could take up the matter for disciplinary actions against both lawyers.

Jacobs has characterized the opposing counsels’ behavior as an “attack on the integrity” of the court system.

The entire matter revolves around the “loan boarding process” over a property in West Kendall, Florida, where Jacobs demand that Ditech produce its manuals, which Ogden stated to the court contained company mandates about how processes in servicing of loans were to be conducted.  As it appears, those manuals say nothing giving credence to Ogden’s testimony in Escharte’s court about accuracy-checking processes that Ogden claimed existed.  Judge Escharte claims the company willfully lied in court to protect itself; however, the outcome in equity was that it sought to steal someone’s home by whatever means necessary.  Does that sound familiar to any of you?

It further appears that the “bugs” in the relationship between Ditech and the servicer it acquired, Green Tree Servicing, have come home to infest Ditech with more serious issues, which other attorneys and litigants could learn from.  The articles also mention a similarly-flawed process in loan boarding conducted by Ocwen Loan Servicing, LLC, which Judge Butchko characterized as “legal fiction”.

Anyone facing Ditech or Ocwen in court should now be able to use this flaw as an attack strategy in their own cases. Any time that either of these two entities bring their servicer representative to court to testify, all one would seemingly have to do is a little research into what questions to ask to tie them up into a nice, neat, little bow, to be set on fire later when they can’t produce the documents they’re relying on.

What the court systems in Florida are sadly just now coming to recognize is that the crap that we’ve known about in document manufacturing, robosigning and drafting up bogus powers of attorneys and corporate resolutions to cover up the banking industries lies have been ongoing since securitization kicked into high gear at the dawn of the new millennium.  To me, the rest of the justices across the country are either in denial or they’ve been bribed to go with the flow.  What goes around comes around.  Karma’s a bitch!

For more details, click on this pdf: Criminal Contempt Proceedings Go Forward Against Boca Raton Attorneys | Daily Business Review

I posted the attorneys’ pictures in this blog post in case you happen to face them in court … I don’t think I have to tell you how to proceed when they’re the opposing counsel.  Know thine enemy whilst thou art in the way with him …

For those of you who wish to see more evidence of fraud and misrepresentation on the court, click this pdf:

OSCEOLA COUNTY FORENSIC EXAMINATION

Happy Holidays from Clouded Titles Blog!

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THE PROVERBIAL “CA-CA” MAY HIT THE FAN IN SOUTH FLORIDA!

(BREAKING NEWS) —

Daily Business Review is reporting that a Miami-Dade Circuit Judge has ordered two attorneys for a mortgage loan servicer and their representative who testified in court to appear at a show cause hearing before Judge Beatrice Butchko, wherein they may be facing indirect criminal contempt of court, resulting in jail time along with other possible sanctions!   See the article here: Loan Servicer’s Attorneys Face Criminal Contempt Arraignment in Miami | Daily Business Review

Here is a transcript from one of the recent court hearings in the case: GRE-1116

Here is the Order to Show Cause for the hearing for the attorneys, scheduled for December 14, 2017 at 9:30 a.m.: 2017_11_20-Order-to-Show-Cause-Why-Ditechs-Witness-and-Ditechs-Atty-Should-not-be-Held-in-Indirect-Criminal-Contempt-of-Court

Here is the final link from the DBR article: Home Foreclosure Fails on Ocwen Servicing Records | Daily Business Review

As you may recall, Miami-Dade Attorney Bruce Jacobs won a case against HSBC Bank USA, NA in Judge Butchko’s court: Unclean Hands case HSBC v Buset

Until the banks and their servicers’ attorneys start “facing the music”, the falsehoods brought upon our nation’s courts will not stop!

One thing’s for sure … all eyes will be on THIS Court on December 14th!

Enjoy the read!

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