Tag Archives: robosigning

SIX YEARS LATER … AND THEY’RE STILL ROBOSIGNING!

OP-ED — 

In March of 2012, all of the major servicers and the 49 States Attorneys General (except Oklahoma) inked an agreement wherein the servicers would stop the then-common practice of “robosigning” documents.  Six years later and it’s still going on.  I thought it best to clarify a few things before discussing where we are today.

Robosigning was a term referenced often by the late Kings County, New York Judge Arthur Schack, wherein he described the act of affixing signatures to documents in such a manner that: (a.) the signatures were illegible; (b.) the signatures could have been affixed by anyone [also known as surrogate signing]; (c.) contained information that was grossly distorted or misrepresentative [in HSBC v Taher_Schack, he noted that the address of the REMIC was at the same address as that of Ocwen Loan Servicing, LLC in Palm Beach County, Florida], and now Ocwen Financial is acquiring PHH Mortgage, which was notorious for carrying on the same process that prompted the AG settlement.

Typical aspects (I call them “markers”) of robosigning include: (a.) scribbled signatures; (b.) varied signatures of the same name; and (c.) signatures different from the indicated name typed underneath the signature line.

Surrogate Signing came to light in the wake of the discovery of Linda Green, whose name was so easy to sign that everyone at DOCX was doing it: THE NEXT HOUSING SHOCK

As you may know, the President of DOCX ended up in Club Fed.  This conviction (of Lorraine M. Brown) was the only significant “slap on the hand” for bad behavior (of a document mill officer) that resulted in the loss of millions of homes in foreclosure actions through fraudulently-manufactured-then-publicly-recorded documents.

Typical markers of surrogate signing can be found on documents generated prior to 2012, that are commonly (and still) relied upon to tie together a chain of title for the purposes of “stealing” a borrower’s home.  Just because the borrower signed a note and mortgage doesn’t give the banking cartel the right to be sloppy about the way they followed their own procedures involving securitization (or the lack thereof).

Notary Fraud can occur in a multitude of ways.  Each state has specific regulations governing the commission of notaries public.  One doing any kind of research however, will need to pay attention to the regulations of certain states, which have (for all intents and purposes) watered down the obligations and governing regulations of notaries.  Some states do not require a notary bond.  Some states do not require notaries keep a journal of every notarial acknowledgment they perform.  Some states don’t even require that the notary physically witness the signature of the person executing the document.  What those in state government do not understand is that they are complicit in the very behaviors they put Lorraine Brown in prison for because local prosecutors do nothing to stop any of the foregoing behaviors for fear of putting their own political asses in a sling.

Some states (like California) require the notary to sign under penalty of perjury.  Perjury is a criminal matter, which can result in jail time.  Local prosecutors could easily make short work of handling a notary fraud case, simply by investigating the notary … it only takes one conviction to send a message … but they don’t.

As a “marker”, notary fraud could be the result of: (a.) acknowledging a signature that wasn’t affixed by the party claiming to have executed the document; (b.) acknowledging an execution when the party affixing their signature wasn’t present at signing; (c.) acknowledging an execution of a document as a party to a group of signers who routinely manufacture assignments of mortgage or deed of trust (similar to what went on in Simi Valley, California between 2012 and 2016 at Bank of America, N.A.’s robomill); (d.) participating as a notary in any document manufacturing scheme wherein the information placed within the document is false and misrepresentative and was placed there intentionally (civil conspiracy) wherein the notary was directed to participate as part of the signing process with the knowledge that what the notary was doing was illegitimate; and (e.) pre-acknowledging documents and affixing a seal with no signatures placed upon the document.

Self-Assignment is a common marker of the major banking institutions who can’t find paperwork, so they have their own employees (whether the major bank is servicing the loan or not) make stuff up out of thin air.  An example of this follows (with my analysis).  This is also included in the scheme of document manufacturing.

All of the foregoing “markers” are part of a scheme called “Document Manufacturing”

I talk about this extensively in the book Clouded Titles, which has undergone several updates between its original publication in December 2010 and its final “Mayday Edition” on May 1, 2016 because of newly-discovered information pertinent to investigations by this author through Chain of Title Assessments (COTAs) this author has conducted.

Document Manufacturing is the process by which multiple parties are retained by a mortgage loan servicer to act in a capacity of a bank official, using Mortgage Electronic Registration Systems, Inc. (on many an occasion) to further “dilute” the chain of title by obfuscating the path of ownership from the originating lender (many of which were bankrupt and out of business at the time the document was executed) to the current “alleged” owner of the mortgage loan.  Most of this process takes place within ninety (90) days AFTER a borrower allegedly stops making their mortgage loan payments.  Customarily, most of this scheme takes place within the walls of the mortgage loan servicer’s own document manufacturing plant or at a contractor-based, third-party document mill.

The scheme may involve witnesses also attesting to the signature of the alleged “officer” signing the assignment. Many times, these witnesses are notaries (who should know better).  Many times, these witnesses simply sit around the signing table, shuffling documents from person to person, all affixing their signatures to a pre-determined spot on the document.  All of these documents are then bundled up and taken to a different part of the building and placed on the desk of a notary who will then acknowledge the documents and affix the notary seal to each one, claiming the signers “personally appeared” before them, when in fact, THAT did not happen!

The scheme is designed to place everyone in the manufacturing chain at better than “arms length” away from the servicer, as a means to reduce liability.  This would bring this author to an obvious conclusion that it would be more difficult to seek out and depose those who participated in the scheme because of costs and time involved, making it virtually impossible to defend one’s property from theft by document fraud.

AND HERE IT IS … 2018 … AND …

… we still have not gotten past being dishonest about providing solid proof of effective transfer of the promissory note in conjunction with an assignment of a mortgage or deed of trust.

As the result of the OSCEOLA COUNTY FORENSIC EXAMINATION, we learned that having local law enforcement investigate matters of this nature was way over their heads (let alone their pay grades).  They are either in denial or superbly arrogant about having to investigate what they said were “victimless crimes”.  The investigation involved the examination of documents in the land records from June 1, 2012 (after the AG settlement was reached) and June 1, 2014 (a 2-year span).   Mortgage Electronic Registration Systems, Inc. was used as a research guide, because it led the examination team directly to all of the securitized RMBS documents, which contained continued patterns of everything I’ve described in this article.

As a means of education (because I can’t give legal advice) … let’s examine a couple of recently-filed documents:

In Osceola County, Florida, where we previously conducted an examination of their land records, paid for with Osceola County taxpayer dollars, I happened to find this recently-manufactured self assignment:

In the foregoing instance, I analyze the following suspect issues for your evaluation: 

(1.) This assignment of mortgage was done by JPMorgan Chase Bank’s own employees in their document manufacturing plant in Monroe, Louisiana on January 10, 2018.

(2.) The document could have been executed to Chase by Standard Pacific Mortgage, Inc., without the use of Mortgage Electronic Registration Systems, Inc., as Standard Pacific Mortgage, Inc. is still in business in Irvine, California. Why then did Chase employees, in a civil conspiracy with Nationwide Title Clearing, Inc. in Florida, have to then create this document?  Why didn’t the originating Lender create and execute the document?

(3.) If you’ll notice, “Judy G. Jackson”s printed name appears to have been inserted into the document by the party creating AND executing it.  The notary did not even fill in the space provided.

(4.) In this instance, the notary claims that Judy G. Jackson was “personally known, who did say that he/she/they” (the notary is too lazy to delineate for gender and plurality to make the document appear more legitimate). Nowhere in the document does it say that Louisiana Notary Amy Gott, who has a lifetime commission, actually “personally witnessed” Jackson’s signature.

(5.) There is no proof of authority anywhere on the document, indicating that Jackson had the authority to execute the instrument, which was signed on January 10, 2018.

(6.) The document misrepresents the mailing address for the lender as that of Mortgage Electronic Registration Systems, Inc.’s post office box in Flint, Michigan.

(7.) Notice that the Assignment of Mortgage ONLY “conveys” the Mortgage (and NOT the Note)?

(8.) The document was further obfuscated by the return address (after recording) as that of Nationwide Title Clearing, Inc. (“NTC”) in Palm Harbor, Florida (one of the companies targeted as a third-party document mill in the Osceola County Forensic Examination).  Why send it to NTC in the first place, unless NTC had something to do with its manufacture?

(9.) Notice the 1999 corporate seal for Mortgage Electronic Registration Systems, Inc.?  The employees at JPMorgan Chase Bank misrepresented their authority using “MERS” to obfuscate the chain of title.  NTC obviously has a document manufacturing, archive contract with Chase, which could be further played out through discovery.

(10.) You will notice from doing your own research that the use of Mortgage Electronic Registration Systems, Inc. to obfuscate the chain of title with a “place card-type” position of the “nominee” (agent), has been used for so long that our very own United States Government and County Clerks and Recorders (who are blind, or reprobate, or both) simply choose to let this lie proliferate.

EXAMPLE #2: 

In the foregoing instance, I analyze the following suspect issues for your evaluation: 

(1.) This assignment of mortgage was done by a third-party document mill in their document manufacturing plant in Pittsburgh, Pennsylvania on February 21, 2018.

(2.) The originating Lender (IndyMac Bank, F.S.B., now out of business) obviously used Mortgage Electronic Registration Systems, Inc. to transfer its loans within the MERS® System via the use of a third-party mill, who couldn’t even be bothered to put the 1999 Mortgage Electronic Registration Systems, Inc. corporate seal on the document.

(3.) If you’ll notice, the party signing the document is using a non-designated “official title” for Mortgage Electronic Registration Systems, Inc.?   Mortgage Electronic Registration Systems, Inc. only allows signers to use the titles of “Assistant Secretary” or “Vice President” (not as shown).

(4.) The pre-printed document contains the name of the signer in the notarial execution in all capital letters, which means it was inserted into the document using computer software.  The signer couldn’t even sign her own name in full.

(5.) Geez … every other Florida assignment I’ve seen had two (2) witness signatures contained within the document.  I guess these third-party doc mills don’t care if they follow Florida law or not, right?

(4.) Knowing how third-party document manufacturing plants behave, I would debate the use of the words “personally appeared”, given what we know about signing plant floor plans.

(5.) There is no proof of authority anywhere on the document, indicating that Salicce (the signer) had the authority to execute the instrument in that capacity, let alone have personal knowledge of its contents (robosigning).

(6.) The document doesn’t even list the mailing address for Mortgage Electronic Registration Systems, Inc., even though it claims to have an interest in the Assignment (as the “Assignor”) … pretty blatant huh?

(7.) Notice that the Assignment of Mortgage ONLY “conveys” the Mortgage (and NOT the Note)?

(8.) Notice that since IndyMac was out of business, a third-party document mill had to use Mortgage Electronic Registration Systems, Inc. to obfuscate the chain of title to convey the mortgage (ONLY) into the REMIC directly, which by the way, had a cut-off date of June 1, 2005 and a Closing Date of June 15, 2005, in violation of the governing regulations for that REMIC, which can be found here: http://www.secinfo.com/dqTm6.z1en.htm.

(9.) Also notice that the name of the REMIC is incorrectly listed.  According to SEC records, the official name of the REMIC is the Indymac Home Equity Mortgage Loan Asset-Backed Trust, Series Inabs 2005-B.  As far as I can see, there are are least three (3) distinct misrepresentations under Florida Criminal Code § 817.535 in the forgoing document.

(10.) Do we have possible notary fraud here?   Do you not see in the notarial execution where the notary claims to have acknowledged that Salicce (an employee of Visionet Systems Inc.) was an “Assistant Vice President” of Mortgage Electronic Registration Systems, Inc. when in fact, there is no such designation?  And from the scribbled signature of the notary, is it possible she executed this document without the signer being present and does this often enough to get writer’s cramp signing scribbled signatures a lot?  It might merit requesting her notary application from the Commonwealth of Pennsylvania to see if that signature (on her application) matches the signature on this document.  Also notice the acknowledgment says nothing about “personally appeared” either.

By the way, the bold-faced type you see in the foregoing assignment is part of the boiler-plate software template used by document mills to create these suspect documents.

THIS BEHAVIOR ALSO COVERS “RELEASES OF MORTGAGES” AND “DEEDS OF RECONVEYANCE”

If you think that the foregoing behavior only applies to assignments, you should look at Releases of liens as well. Of particular note is the issue of potential unauthorized practice of law, which is a felony in Florida and most other states, for executing and recording documents known to contain false information (perjury) without attorney supervision.

I have successfully participated in removing (by expungement) a bogus Release of Mortgage out of the land records in Hillsborough County, Florida and the existing “alleged pretender lender” has absolutely no idea it now has a competing lien ahead of its foreclosure attempts.  This is why foreclosure law firm attorneys are so imbecilic when it comes to “getting their story straight” when they try to foreclose on a mortgage without FIRST checking the chain of title for competing liens … which brings me to my next point:

Any lawyer for the banks that comes into court and regurgitates these misrepresentations is likely to have committed not only felony perjury and potential multiple ethics violations … but any subsequent law firm will not be able to continue their tirade on the property once the initial violations have been exposed.

Perhaps it is now time to go after the foreclosure mill lawyers instead of just their clients!

My final parting shot goes against the state district and circuit attorneys who refuse to criminally prosecute these people.  Don’t yell at me!  You elected them!  You and I can both probably think to ourselves what worthless POS these people are if they aren’t going to do what’s right.

If you don’t know your rights … you don’t have any!

Dave Krieger is the author of the book Clouded Titles and has a weekly radio show on WKDW-FM in North Port, Florida covering consumer issues. He serves as a paralegal and chain of title consultant to attorneys as well as performs chain of title assessments for consumers as well as  forensic examinations and audits of county land records, despite the fact he is a disenfranchised citizen of whatever you want to call this economically messed up country you live in.

Coming soon … How to deal with the next financial collapse in America! 

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“MERS” Entities and RoboMills are now “off the hook”!

(BREAKING NEWS, OP-ED) — 

Consent Order Terminations were issued this past week by the five federal agencies that imposed them on MERSCORP Holdings, Inc. (f/k/a MERSCORP, Inc.), its baby bastard child, Mortgage Electronic Registration Systems, Inc. and Servicelink Holdings, LLC, as successor to Lender Processing Services, Inc., DOCX, LLC and LPS Default Solutions, Inc., entities that were connected to multiple robosigning scandals that were exposed in the wake of the 2008 financial crash.

You may recall that DOCX’s President, Lorraine M. Brown, was sentenced to five years in Club Fed for her role in orchestrating the alleged phony document recordings in concert with lenders and servicers all across America that affected the chains of titles to millions of pieces of real property.

Conveniently, Fidelity National Financial (FNF) spun off its affiliation with the foregoing robomills before the SHTF and the April 13, 2011 Consent Orders were issued by the Office of the Comptroller of the Currency (OCC); the Federal Reserve’s Board of Governors (FED); the Federal Housing Finance Agency (FHFA); the Federal Deposit Insurance Corporation (FDIC); and the Office of Thrift Supervision (OTS).

Attached to this article of the respective pdf files of the Orders just issued:  enf20180112a3 enf20180112a6

Read ’em and weep … because our government is in bed with the banks and with the “changing of the tide” in DC, the current administration has let loose of these entities, claiming they are in “compliance” with the previously-issued Orders.  What a joke!   The MERS® System has not changed one iota.  MERSCORP Holdings, Inc. is STILL the Electronic Agent in all securitization transactions where Mortgage Electronic Registration Systems, Inc. has positioned itself to be a “nominee” and “beneficiary” for the Lender, setting up an agency relationship that mortgage loan borrowers have no idea was created; how the agency relationship was created; and the terms and definitions the borrowers agreed to.  All of this was never stated on the mortgage loan documents (security instruments), so how then can a borrower give either “MERS” or Mortgage Electronic Registration Systems, Inc. (which is NOT “MERS”) permission to set up an agency relationship as an Electronic Agent for anyone when they don’t have all of the listed details?

Further, robosigning still continues, despite revelations in document examinations of the public records in Southern Essex County, Massachusetts; Williamson County, Texas; Guilford County, North Carolina; Seattle, Washington; Osceola County, Florida; Multnomah County, Oregon and certain counties in Southeastern Pennsylvania.  To date, Multnomah County, Oregon is the only entity that has collected sums from MERS and its user-subscribers it has contractual relationships with, wherein MERS (which means MERSCORP Holdings, Inc.), is the Electronic Agent ($9-million) in suspect transactions raised by local officials there.

WHAT DOES THIS MEAN FOR YOU?

If the Consent Order has been terminated, it means (in part):

  1. Mortgage Electronic Registration Systems, Inc. no longer has to report to the five federal agencies for anything;
  2. MERSCORP no longer has to notify the feds when someone sues it or one of its members; and
  3. That its business as usual in getting away with claiming that robosigners can continue to do what they’re doing and cause the land records across America to continue to be plagued with false and misrepresentative documents.

IT ALSO MEANS: 

  1. The title companies are still going to “write around” the defects created by these documents, which means
  2. Your title polices (Homeowner’s Indemnity Policies) still aren’t worth the paper they’re printed on!

IT FURTHER MEANS:

  1. The U. S. Government is still “in bed with the banks”; and
  2. As long as we keep allowing this bulls**t to continue … the land records will continue to become even more tainted to the point where property ownership will be so diluted with errors, having a county recorder to monitor “crime scenes” will become superfluous and redundant.

SAY “NO” TO MERS MORTGAGES! 

I am still of the opinion that “once tainted, always tainted”, when it comes to MERS and Mortgage Electronic Registration Systems, Inc. showing up in any property’s chain of title unless that title is “quieted” in a court of law and equity.  Due diligence will prevent you from falling into this trap.  The land records belong to you … use them religiously!

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UPDATE FROM MIAMI: TWO DITECH ATTORNEYS SLATED TO APPEAR AT NON-JURY TRIAL FEB. 1ST!

(BREAKING NEWS, OP-ED) — 

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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