Tag Archives: mortgage fraud

Coming Soon to the Clouded Titles Website …

BREAKING NEWS — 

In keeping with the tradition of educational information, the Clouded Titles website will soon feature a monthly newsletter called, “THE RICH REPORT”, a monthly in-depth analysis designed and delivered by retired attorney Richard L. DiMaggio, J.D., who will cover pertinent, on-going cases involving FDCPA, debt collection issues, FCRA, credit report issues, TILA, RESPA, identity theft, mortgage fraud and other important financial news affecting homeowners, borrowers and debtors alike.

The monthly service will be subscription-based and will bring you the hottest news, information and legal analysis of consumer-oriented issues by one of the top FDCPA attorneys in the country.  Richard L. DiMaggio, J.D. wrote the book, “Collection Agency Harassment: What the Debt Collector Doesn’t Want You to Know”.  THE RICH REPORT will be delivered right to your email inbox every month in pdf format for easy reading.  THE RICH REPORT is a great supplement for anyone reading FORECLOSURE, DEBT COLLECTION AND FORECLOSURES, by Dave Krieger, available on the Clouded Titles Website NOW (and also through The Power Mall on The Power Hour!)

Mr. DiMaggio will be joining me on The Power Hour, with Joyce Riley, at 9:00 a.m. Central Standard Time on Monday, February 27, 2017 to discuss FDCPA and debt collection issues.  Needless to say, this will be a powerful broadcast!  Put it on your calendar and plan on tuning in live.  Joyce Riley will also be taking telephone calls related to the subject matter, so if you’ve got anything to add, please feel free to chime in.  She’ll give the number out on the show!

 

 

2 Comments

Filed under Breaking News, Debt Collection and Foreclosures, FCRA Education, FDCPA, FDCPA Education, Financial Education

THE FLORIDA BEAUVAIS CASE: PREDICATED ON LIES AND DECEPTION … FLORIDA’S LATEST JOKE!

(Op-Ed, Financial Education) — The following observations make the Florida Circuit Court in Miami-Dade County and the Third Circuit Court of Appeals look like a friggin’ joke!   In other words, how many amicus briefs can you put forward to twist the truth, bury the falsification of documents, cover up the misdeeds of counsel and misdirect all of the fraud on the court?  

SIDE NOTE: … not to mention all of the felony misrepresentation within the recorded documents used to turn this case into what it is … this case has turned the Florida court system into the laughing stock of the nation!  We’re not laughing with you, your Honor! We’re laughing AT YOU! The banks and the HOA lawyers really pulled a good one over on you this time! 

It is no surprise that the Third District Court of Appeals would rehear and reverse the Beauvais decision, which in of itself, was based on so much controversy that it boggles the mind.  It’s also no surprise that everyone was quick to say the reversal of the DCA’s previous ruling was against Florida homeowners and that my inbox would be flooded with negative comments about the decision, obviously anti-homeowner.

Let’s take the obvious for what it is, shall we?

Florida is pro bank.  The Florida Mortgage Bankers Association and Lender Processing Services own the controlling interests in the Florida legislature and have a distinct foothold on Florida Attorney General Pam Bondi.  This is why Bondi will not investigate anything having to do with the real reasons Beauvais is here in the first place!  When you have attorneys who lobby on behalf of the banks submitting amicus briefs to align themselves with this reversal, it only shows that document manufacturing orchestrated by these very attorneys hasn’t stopped.  Despite the AG Settlement in 2012, these same law firms continue to supervise (along with the title companies) the production of documents generated to steal peoples’ homes.  The circuit court justices in the State of Florida don’t want to understand that their state-sponsored retirement system is funded by fraudulent RMBS’s that have already been paid off dozens of times over and that ruling against document manufacturing won’t hurt their retirement funds.  The Florida Court system is politically motivated to screw Florida homeowners and sadly, very few Florida homeowners “get it”.  Unless you’ve been affected by a foreclosure and did the homework on your own chain of title, you wouldn’t know a corrupt document if it bit you in the ass!  Beauvais is just another example of an entire chain of title gone wrong.  It’s always the chain of title … and Florida title companies are in the middle of it!  Yup, tar and feathering is what they used to do.  There were no “settlements” back then.

While bankers’ attorneys are groveling at their latest accomplishments (including MERS attorneys who are knee deep in this), the diversion of attention to the real facts have been deliberately misplaced.  In fact, Mr. Harry Beauvais is partially to blame!  He sat on his thumbs and did nothing.  He let his HOA do the talking for him.  At that point, the whole charade was everything but “who has title”.  For those of you who have been to our Quiet Title Workshops, this case has blatantly and deliberately circumvented all of the real issues in favor of arguing “debt collection issues” having to do with statute of limitations.  What foreclosure defense attorneys don’t seem to understand is that banks’ attorneys craft their pleadings to “steer” the both the homeowner and the attorney into a corner, where they can only paint a limited picture to the courts and control the narrative.  Unless you’ve come up with something definitive you can hang your hat on, like in the infamous Nash and Dinmant cases, you’ll lose.  That is exactly what we have here!  And EVERYBODY missed the point!  Read the latest ruling and see if you can spot the real truth: DBNTCA v Beauvais et al, 3D14-575

Time for a COTA-in-brief!

The first diversion from the real truth came at the very outset of the loan!  Let’s look at the subject mortgage for a moment to see exactly where the “problem” originated. The HOA in this case never argued the fact that THE LENDER WAS A FICTION!  See for yourself: Beauvais Mortgage 

The Lender was NOT what it said it was, a New York Corporation.  In fact, like America’s Wholesale Lender (“AWL”), it was not registered to do business in the State of Florida! American Brokers Conduit (“ABC”) was in fact, another one of these fabricated posturings by the banks to fool homeowners and their attorneys, who think that this entity (an illegitimately unregistered “assumed name” of American Home Mortgage Finance Corporation) actually had some sort of authority to loan money, when in fact, everything about it parallels AWL!  Thus, the entire Beauvais case was predicated on fraud, yet the real problem was deliberately argued off in another direction so the courts would see the “real problem”: ABC Registration, NY Dept of State, Div. of Corps. (3-16-2012)  

(1) ABC was never a New York Corporation at the time Mr. Beauvais signed his note and mortgage!  And here I thought fraud vitiated the contract.  We have a serious breach issue ab initio because the Lender (as you can plainly see on its face) could NOT have loaned Mr. Beauvais a nickel because it did not exist in form.

(2) The 2012-formed “ABC” has nothing to do with the now-bankrupt chain of entities connected with American Home Mortgage Finance Corporation!  Plain and simple. Even in the first two pages, anyone researching the New York address on Page 2 of Beauvais mortgage could spot what I’m arguing here.  And the Third DCA went right along with their derailed train of thought without even giving the subject mortgage a serious glance.  Remember, you can only argue what was pontificated in the “lower tribunal”, which should be ashamed of itself, like Mr. Beauvais.  How in the hell can you sign a note and mortgage for $1.4-million and walk away when the going gets tough?  Worse is the fact that there are other documents in the chain of title that smack of the same findings that my team and I found in the OSCEOLA COUNTY FORENSIC EXAMINATION that no prosecuting entity seems to want to really investigate.

(3) Three suspect assignments followed the (note and) mortgage … and why am I not surprised that MERS is involved here!  It’s no wonder that Robert Brochin and his law firm (Morgan Lewis & Bockius, who represent MERS) put an amicus brief into the mix!  Another diversionary tactic to fool the courts. Look at the Beauvais Mortgage again.  See the MIN (100024200011269624)?  That’s evidence that the funds came from investors and not the fiction itself.  After the loan documents were uploaded into the MERS® System, they were likely shredded: (a.) to cover up any existence outside of the MERS database; and (b.) to force the bank’s attorneys to orchestrate a charade of document manufacturing found here:

ASSIGNMENT #1:

MERS (a fiction) assigning a note and mortgage as nominee for another fiction (ABC) by AHMSI’s own employees, orchestrated by foreclosure mill attorney Jack S. Lewis, Esq. on behalf of the foreclosure mill law firm Adorno & Yoss, LLP: MERS ASSN OF MTG_2006 

First, understand (if you don’t already), that each REMIC trust is only allowed to stay active for one year according to IRS regulations. This assignment, dated June 8, 2006, was executed by a known robosigner who is employed by the Servicer (the “Assignee” in the document), which means that the attorney and the Servicer orchestrated the manufacture of a misrepresentative document for the purposes of stealing the property, which is a felony in Florida!

Second, if you look up the REMIC involved here that Deutsche Bank claims to represent (SEC Info – American Home Mortgage Investment Trust 2006-2 – ‘424B5’ on 7:5:06), you’ll notice the cut-off and closing dates (which I’ve restated here), signify WHEN the IRS regulations (and those of New York trust law) state you must transfer the loan documents into the REMIC: (a.) the Cut-off Date was June 1, 2006; and (b.) the Closing Date is June 30, 2006.  This means that instead of putting the loan documents into the trust pool, the assignment of the Note and Mortgage by AHMSI’s own employees to AHMSI was signed AFTER the cut-off date!  This invalidates the entire securitization process!

Third, when a search of the REMIC itself in the SEC files was conducted using the words “American Brokers Conduit”, there was no mention of ABC anywhere in the document.  

Fourth, when you look at the transaction structure for the REMIC, do you see ABC anywhere in the structure?:

2006-2 Structure

Didn’t think so.  In fact, the New York Corporation address claimed by ABC in the Beauvais Mortgage is the same address as is contained in the 424(b)(5) Prospectus for the REMIC trust, and I quote directly from it: The depositor’s principal executive offices are located at 538 Broadhollow Road, Melville, New York 11747 and its phone number is (877) 281-5500. Thus, Goldman Sachs, Lehman Brothers, RBS Investment Capital and UBS Investment Bank were involved in this “transaction structure” and ultimately had something to do with the funding of the loan.  Because of the players involved here, this “problem” is now an international one.

Also of key significance here is that the MERS business model is being used by AHMSI employees to facilitate the covering up of the misdeeds in the entire loan process and chain of title.  The banks of course set this whole charade up knowing that no one at MERS could be held directly culpable not having any knowledge of the transaction.  Only through discovery and grand jury testimony could any of this information ever come to light.

But the real points here are: (a.) ABC is the claimed “lender”, organized as a corporation under the Laws of New York, when in fact, that is false; (b.) the document was recorded in the public record as a MERS-originated Mortgage, which means “securitization” was intended; and (c.) the attorney for Adorno & Yoss didn’t care about the Cut-off Date of the REMIC because if he did (and he prepared the bloody assignment), it would have been generated long before then and the Assignee would NOT have been AHMSI, it would have been the REMIC trust!  FAILURE #1!

Suspect evidence: Notary Fraud; Document Fraud: Perjury and Subornation of Perjury by counsel; Florida Criminal Code Violations; Fraud on the Court; securitization failure; securities fraud; mortgage fraud; criminal RICO

 

ASSIGNMENT #2:

MERS (a fiction) assigning a note and mortgage as nominee for another fiction (ABC) by AHMSI’s own employees, orchestrated by foreclosure mill attorney Jack S. Lewis, Esq. on behalf of the foreclosure mill law firm Adorno & Yoss, LLP: MERS ASSN OF MTG2_2006

WOW!  As the Forrest Gump saying goes, “Stupid is as stupid does!”  Notice from the second assignment, it appears almost identical to the first assignment, except it is dated SIX MONTHS EARLIER (January 8, 2006), unlike its predecessor assignment recorded on June 16, 2006, this document was recorded on February 8, 2007.  How can that be?   Is it because the attorney realized in drafting Assignment #1 that he screwed up?  Did the attorney even draft the assignments?  Notice that there is no second “witness” on this document, allegedly signed SIX MONTHS EARLIER (before the first assignment).  Oh, come on now!  Do the friggin’ math!   We have two assignments from MERS (who has no authority to assign the Note because it can’t prove when it HAD the Note), dated six months apart, to the SAME ASSIGNEE (instead of the REMIC), violating all of the same tenets discussed in Assignment #1, and THIS DOCUMENT was also recorded in the real property records of Miami-Dade County, Florida!  It is amazing how attorneys will step all over their own privates to reverse engineer documents in an attempt to perfect the chain of title and continue to screw it up in the process.

Also of key significance here is that the MERS business model is being used by AHMSI employees to facilitate the covering up of the misdeeds in the entire loan process and chain of title.  The banks of course set this whole charade up knowing that no one at MERS could be held directly culpable not having any knowledge of the transaction.  Only through discovery and grand jury testimony could any of this information ever come to light.

Of course, this chain of assignments looks to be no different than that of the crap issued by the Law Offices of David J. Stern before he was disbarred.  The key issue here is, neither attorney is sitting in prison right now.

But the real points here are: (a.) ABC is the claimed “lender”, organized as a corporation under the Laws of New York, when in fact, that is false; (b.) the document was recorded in the public record as a MERS-originated Mortgage, which means “securitization” was intended;  (c.) the attorney for Adorno & Yoss obviously didn’t supervise the preparation of the assignment because if he did, he would have caught the dates and realized he was now caught up in a web of deceit of his own making; and (d.) the REMIC trust still did not get the benefit of the assignment, which by now is public record!  FAILURE #2!

Suspect evidence: Notary Fraud; Document Fraud: Perjury and Subornation of Perjury by counsel; Florida Criminal Code Violations; Fraud on the Court; securitization failure; securities fraud; mortgage fraud; criminal RICO

 

ASSIGNMENT #3: 

All the while the issue of WHO HAS TITLE is working its way through the court system in Florida, employees of Homeward Residential, Inc. formerly known as AHMSI (who technically got nothing via assignment, if you’ve been keeping up with the chain of fraudulent assignments), is now assigning ONLY the Mortgage (the assignment of the Note is obviously absent) by Homeward Residential’s own employees, led by alleged Vice President April Caroon (see the following info from her LinkedIn page), finally assigned ONLY the Mortgage to the REMIC:

April Caroon Screenshot_LinkedIn

April Caroon LinkedIn Background Info

You gotta hand it to these people, they’re real smart, using Homeward Residential’s Texas address while signing off on the document in Duval County, Florida and then causing it to be recorded in the real property records using MERS (again) to cover up their misdeeds.  It would obviously necessitate some sort of discovery to show WHO actually had the shredded original note.  LOL!  But this never happened because Harry Beauvais was ready to accept the cash and move into a pricey Miami-Dade home, not caring about the consequences he left in the wake of the foreclosure on his home.

I don’t see anywhere in April Caroon’s information where she claimed to be a Vice President of Homeward Residential, Inc., do you?   If I was an officer of a company and I was posting on LinkedIn, I sure would be bragging about being an officer of that company.  But in fact, she wasn’t, was she?

As any good researcher would do, I pulled Homeward Residential’s incorporation file: Florida Dept. of State, Div. of Corps. Registration ListingHomeward Residential is an ACTIVE corporation in the State of Florida, but I didn’t see April Caroon’s name listed as a Vice President.  In fact, for the year she claimed to have signed the document (2012), I pulled the Annual Report for Homeward Residential, which you can view here: 2012 For Profit Corp Annual Reportand I sure as hell don’t see April Caroon’s name listed here as a Vice President, do you?

This assignment typifies virtually every kind of foreclosure conducted in Florida, yet in this case, we’re arguing statute of limitations issues in an attempt to get a “free house” (either by Deutsche Bank, the Servicer and/or the HOA, Aqua) the cheapest way possible, by just making shit up as you go along and then plying that shit on the court system, who eats what is put in front of it … and a mile of it at that!

But the real points here are: (a.) ABC is the claimed “lender”, organized as a corporation under the Laws of New York, when in fact, that is false; (b.) the document was recorded in the public record as a MERS-originated Mortgage, which means “securitization” was intended;  (c.) it appears that a non-lawyer working at the foreclosure mill law firm of Robertson, Anschutz & Schneid, P.L. prepared the document, which may indeed have UPL consequences if it is found that the preparation was unsupervised by an attorney; and (d.) the REMIC trust got the benefit of the assignment alright, SIX YEARS TOO LATE!  FAILURE #3!

Suspect evidence: Notary Fraud; Document Fraud: Perjury and Subornation of Perjury by counsel; Florida Criminal Code Violations; Fraud on the Court; securitization failure; securities fraud; mortgage fraud; criminal RICO, Unauthorized Practice of Law

(4) Given the manner in which securitization works … as Al West puts it, “it gets better”!  If further investigation were to take place surrounding the securitization failure, one would likely find:

(a.) that upon default (Day 91), the REMIC collected at least 82% of the value of the loan (multiple times over) based on the credit default swap insurance side bets placed on the failure of the note, making a loan through a fiction that the players knew didn’t qualify for such an expensive mortgage, but did it anyway and structured the loan to fail so it could collect;

(b.) that upon default (Day 91), the REMIC could go collect on any other default insurance policies put into place prior to the registration of the loan;

(c.) that after the default, the REMIC went screaming to the title company, claiming the title was all f**ked up, and collected on a title insurance policy.

So, if an investigation by someone with some real authority were to pan out and the real truth be known:

(a.) the real players behind this mortgage loan did NOT include ABC, which is a fictitious fraud and did NOT exist in reality at the time the mortgage loan was made;

(b.) the parties involved in the manufacture of the assignments clearly knew what was at stake and that the mortgage loan was paid in full before the foreclosure process even started; and

(c.) the parties found something new to argue about in order to deflect from the real truth because the “not so real truth” is an easier pill to swallow when it comes to screwing over Florida property owners in the courts making bad case law over something totally irrelevant as statute of limitations, when fraud vitiated Beauvais’ mortgage loan in the first place!

Did the Third District Court of Appeals get a plate full of shit to digest?  You bet!

Were the real matters involving the loan itself ever made a part of this case?   Nope!

Did the banking cartels ever mean for any of this to see the light of day?  Nope!

Did the Circuit Court judge give a damn about the chain of title to the property?  Nope!

Is there more suspect document manufacturing going on AFTER the 2012 AG Settlement? Most definitely!

Are the foreclosure mill law firms involved in this suspect criminal RICO activity?  You be the judge!

Does statute of limitations really matter, given the propensity of the banks to outspend Florida property owners to screw them over in the Florida courts?  Nope!  This is a diversion, to deflect from the real truth.

So you ignorant litigants out there, keep arguing those SOL issues and see where they get you!

And now you have Florida’s latest “joke” all neatly laid out for you … which will go unheeded because, as you know, most Florida politicians and judges are bank-owned, just like foreclosed properties, so buying real estate in Florida involves some real serious caveats, including Florida politics,  especially when buying foreclosed homes, or any home for that matter, in the Sunshine State!  This is “the joke” that is Florida!

Stick that where the sun never shines! 

I rest my case.

1 Comment

Filed under Breaking News, Chain of Title Education, Financial Education, Op-Ed Piece, Quiet Title Education

Reflections of my past …

This Op-Ed piece is being written in memoriam for the victims of this tragedy … and other tragedies too!  (UPDATED)

July 17, 1981 is a day I remember as if it was yesterday.  I had just gotten off of work and gotten home and barely had ingested my dinner when the phone rang.  It was my news counterpart at KJLA-AM radio, where I worked as a news reporter, informing me that there had been a terrible accident downtown at the Hyatt Regency Hotel.   Come to find out, the very skywalks I had traversed on not three weeks earlier had collapsed due to the excess weight of people who were watching the ritual “tea dance” in the lobby below.  The band was playing Duke Ellington’s “Satin Doll” at about 7:05 p.m. when the skywalks gave out and the fourth floor skywalk came crashing down on top of the second floor skywalk, which both in turn collapsed on top of onlookers in the lobby below.  A total of 114 people died that night and over 200 people were injured, some severely.  I spent 14 hours covering this event, which is what won me the national and state spot news awards from Associated Press Broadcasters.  I was one of 4 reporters allowed to visit the makeshift morgue inside the hotel.  Still, these awards only serve to remind me of the victims of this terrible tragedy.

300px-Hyatt_Regency_collapse_end_view

250px-Hyatt_Regency_collapse_floor_view

250px-Hyatt_Kansas_City_Collapse

 

 

 

 

Come to find out, after a thorough investigation, the design plans for the skywalks had been altered, which, when excess weight and motion was applied, harmonic resonance caused the couplers in the frames to give out (as shown below):

250px-Hyatt_Regency_collapse_support

250px-HRWalkway.svg

The result was 64 tons of concrete, glass and steel crashing down on innocent victims, some of whom were vertically compressed by the sudden impact.  Many victims had to be extricated using a chain saw.  “Graphic” doesn’t describe what I saw that night.   Thus, every July 17th, I look back on that fateful night and how “small” my world became thanks to news media reporting.

Sadly however, these are not the only victims that have suffered a great tragedy due to a “design flaw”. 

The political backlash that followed this disaster back in 1981 seems to be a deja vu of what has recently happened to the hundreds of victims of Osceola County, Florida, some of whom complained to Armando Ramirez, the Circuit Clerk, who then commissioned a Forensic Examination of the real property and court records in his county.  As the result of what is deemed as “hitting a nerve”, it appears that inexcusable liberties of a political nature have been exerted in the criminal investigation of the Forensic Examination conducted by DK Consultants LLC in an attempt to subvert and impeach the 736-page report, to the detriment of these victims, in an attempt to smear the Circuit Clerk in an effort to expose my personal past, which was of no consequence to the issues involved in the report.

 

The bottom line is:  Someone in law enforcement accessed background information on a party that was NOT a suspect in this report and caused it to be leaked to the media.  Other news media outlets have alerted sources close to the Circuit Clerk that the Sheriff gave them information about this as well, which caused them to stop investigating the report.   It appears that laws may have broken in the process of what amounts to a political smear campaign against the Clerk of Osceola County, Florida.

It further appears that this investigation should have been done by the FBI and not the Sheriff, since it appears the Sheriff’s Department evicted people, potentially at the behest of court orders based on foreclosure proceedings that relied on fraudulent documents submitted by dozens of Florida foreclosure law firms, which were named in the report.

Had the FBI investigated this, I believe the results would have been more productive than what they are now: a big, fat goose egg.

Again, my heart and support goes out to the victims of this tragedy in Osceola County, Florida.  I must have done my job well, in order to be served up as collateral damage.

 

 

 

Leave a comment

Filed under Breaking News