Tag Archives: robosigners

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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CUTTING EDGE FORECLOSURE COMBAT TACTICS … 6 SEATS LEFT!

(BREAKING NEWS) —

THE FORECLOSURE DEFENSE WORKSHOP IS ALMOST SOLD OUT!

The host hotel group rate at the Doubletree by Hilton-Las Vegas Airport has expired.   This indicates that those of you wishing to reserve a sleeping room for the event have to call the hotel directly and tell the front desk you are attending the workshop and see whether or not there are available rooms for the FORECLOSURE DEFENSE WORKSHOP.  The hotel number is on this link: LAS VEGAS FORECLOSURE DEFENSE WORKSHOP INFORMATION

A private investigator is now among the attendees!

Ask yourself WHY a private investigator would want to come to an event where “things have now gotten personal” insofar as foreclosure defense attorneys, title company employees, escrow agents and officers, notaries and robosigners are concerned.  Because these people have to be found and served, right?   Served?   SERVED????!!!!!!   Just desserts!  And why not?

All of the foregoing entities and individuals were involved (at a point in time) in the processing of assignments, releases, appointments of substitute trustees, notices of default and sale, Trustee’s Deeds Upon Sale, Final Judgments of Foreclosure … ALL of which made their way into the real property records of every single county in America.   Yet … no one has really come to hold these people accountable … until now!  We’ll be educating you to help you determine WHY (and IF) these people should be held accountable and WHEN … yes … timing is everything in litigation!

Fighting false documents!

A lot of these documents contain false and misleading information.  Relying on these documents in foreclosure cases amount to making material misstatements!

Waving assignments around in the judge’s face in court screaming, “These are fraudulent assignments, Your Honor!” mean nothing when you don’t know how to get around the lame-o argument the bank’s attorneys will use against you … “The homeowner is not a third-party beneficiary to the assignment, Your Honor, therefore, it doesn’t apply to them!”    This legal assumption is false … and we’ll show you WHY!

Everyone attending the Foreclosure Defense Workshop in Las Vegas will get a copy of the new book (shown below)!

What’s so damning about this new book?

It contains educational material designed to help you determine litigation strategies!  We cannot emphasize enough about spending money foolishly out of sheer desperation.  We know you’ve all been there.  And surprisingly, the more money you have thrown away on foolish strategies, the greater the chances you’ll end up with PTFD … Post Traumatic Foreclosure Disorder.  Just ask anyone who’s been fighting their foreclosure for over 10 years!

The new book contains educational pleading samples that have been used in successful case outcomes in attacking documents in the chain of title!  In fact, some of the cases are still being litigated at the time this book went to press!   And the law firm litigating one of the foreclosure actions has no idea what’s laying in wait for them in court.   Five attorneys face potential ethical violations … all from one known foreclosure mill!  We’ll show you WHY and HOW in this workshop!   Once you know the WHY’S and HOW’S … you are better prepared to wage war … like getting a shot of steroids in your litigation!

If you haven’t read the 10-part series, “Gutting the Underbelly of the Beast” on this blog site … it is suggested you read it BEFORE attending this workshop.  Once you hear what we have to say in this intensive 2-day workshop … YOU’LL GET IT!   Light bulbs will go on!   We do not intend to go over your head on these strategies (they are straight forward) … and those in the opposition (and all of their henchmen) should be worried.   The information in this new book has been vetted by folks that have been in the legal profession for years and they call it … A GAME CHANGER!  It’s “the system of things” played out!

We have only SIX (6) SEATS available at this workshop!  

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

We are in a confined, secure area of the hotel.  We cannot expand the seating to accommodate an overflow.  Due to the fact that folks wait until the last minute to sign up means that it’s likely you won’t be able to show up the first day of the event and have a seat waiting for you if you haven’t already signed up.  It’s a logistical thing, like every other set of plans and goals you’ll make in your life, whether you win or lose in the end.

Everyone attending gets handouts (besides the book)!

We don’t want to leave you empty-handed.  That’s why we’re giving you plenty of note paper with all of the slides we’ll be showing you in class for each section of the workshop syllabus.  If the slide involves a legal opinion, we’ll include that too!  You’ll get to see what happens when foreclosure mill law firms get screwed by judges in court … we’ll show you proof that the “system” does work!  All you have to do is figure out the WHY’S and the HOW’s and apply them to your scenario.  THIS is what saves time and money … because in the foreclosure realm … TIME IS MONEY!  You’ll leave with over an inch-thick stack of paperwork, chocked full of the information you need to win!

Bring your case paperwork with you!  We will have attorney consultations available! 

Travel Logistics:

In the event of a sell-out, we will post that online so we’re not wasting your time.  This is your last opportunity to get a decent flight into Las Vegas-McCarran International Airport (LAS) for this event!   We picked Las Vegas this time because of the ease of getting in and out of the airport … AND … the hotel has FREE shuttle service, so you can even take that red-eye if you need to … without having to pay for a cab to take you to the airport!

Also … there are no casino games at the host hotel.  We want you to be able to concentrate on the goings-on, rather than listening to the rattle and clanging of the slot machines in the casino.  The shuttle will take you to one of the casino hotels if you want to gamble.  However … we realize that LIFE is a gamble.  Fighting foreclosures is a gamble.  We want you to be well rested and primed for two days worth of intensive, educational training!

You can ask the front desk if you can still get a free breakfast coupon (like all of the other attendees who have already signed up will receive), but that’s up to the hotel, not us.  The event registration deadline at the hotel expired March 29th, so you’ll have to do some negotiating with the hotel on that.  We cannot guarantee you’ll get the room rate we got, so you may need to explore outside travel outlets for better deals (if they even exist at this late date).

Only a week away!

On Saturday, April 6th, you’ll need to be in your seat at 8:15 a.m.   If you’ve advised us you’re coming in late, please be courteous of the folks in the room when you enter.  If you’re late, unfortunately, you may end up sitting in the back of the room.   We start orientation at 8:30 a.m. SHARP!

See you in Las Vegas!   If you have further questions, please email them to us at this LINK! 

 

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