(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:
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.:
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!
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:
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.