SAY NO TO LENDERS FRAUD!
14AUG
Contact Us: MortgageReductionLaw.com
Dear Homeowner,
It’s been widely reported around the country, via internet, blogs and newspapers, how the lenders used the foreclosure mills and other legal ways, to fabricate fraudulent documents to record in the county recorder offices and pretend they have legal standing to initiate the foreclosure procedure.
Neil Garfield in his blog www.livinglies.com, The Huffington Post, The New York Times, Steve Vondran in his website www.foreclosuredefenseresourcecenter.com, Tim McCandless in his blog http://timothymccandless.wordpress.com and many others have been advocating for the homeowners trying to raise awareness in the courts so that justice can be served.Contact Us: MortgageReductionLaw.com
A few years ago, when the Mortgage Debacle started, these lenders went after the Mortgage Brokers after they found themselves in trouble for the many defaulted loans. They filed civil and criminal lawsuits convicting these brokers for fabricating documents and forging signatures to fund the loans. The legal system, judges and General Attorneys were prompt to convict “these so called criminals”.Contact Us: MortgageReductionLaw.com
Today the tables have turned 180 degrees and we have discovered how these entities have been widely practicing what they accused others of. Today the lenders are fabricating documents, forging signatures and filing fraudulent documents with the government agencies to weasel their way into owning the homeowners’ properties.Contact Us: MortgageReductionLaw.com
The fact that judges preceding the Unlawful Detainer hearings are not educated enough about the matter and don’t want to take the time to hear the attorneys defending the homeowners, does not help to make this wrong right. Securitization is a very complicated subject that cannot be taught in an Unlawful Detainer hearing or even in a Wrongful Foreclosure hearing. The way judges have been manipulating the information provided by the homeowners in their lawsuits to rule in favor of the lenders is despicable!Contact Us:MortgageReductionLaw.com
That’s why it’s so important to have all your property recorded documents used to foreclose on your home, been researched and analyzed by an expert that can identify all the issues that can be used in a Court of Law to fight for your home.
When you go in front of a Judge with enough evidence to prove that fraud was committed by the lender when the lender fabricated documents used to foreclose, you have a good chance to get the Judge’s attention. Fraud is a subject they know, it’s a crime and they can rule in your favor. It would be very difficult for a Judge to justify this fraudulent behavior on the part of the lender.
Later on, once you have successfully received an injunction, you can bring the securitization argument in your complaint and make the lender prove their innocence.Contact Us: MortgageReductionLaw.com
The documents used to initiate the foreclosure of your home have been fraudulently fabricated by either the Trustee or the Lender.
Some attorneys who have explored this cause of action in their civil lawsuits, have been able to get relief for the homeowners by getting the in Temporary Restraining Order and the Injunction granted.
Below please find proof of a very common practice within these entities when they fabricate documents. They use the name of one person who becomes an officer of many entities and the signature is very different in different documents. This has happened in your case too.
This is a portion of our report after thoroughly performing research and discovery for one of our clients: (testimonial letters can be provided upon request after signing a confidentiality agreement).
SIGNED BY: LINDA GREEN AS VICE PRESIDENT FOR AMERICAN HOME MORTGAGE SERVICING, INC. AS SUCCESOR IN INTEREST TO OPTION ONE MORTGAGE CORPORATION
TOO MANY JOBS
For this report, over 500 mortgage assignments were examined.
Each Assignment was filed by Docx, a mortgage servicing company in Alpharetta, GA; each was notarized in Fulton County, GA.
Many of these Assignments have been used in foreclosure actions to prove that the lender has the legal right to file the foreclosure actions.
The name of Linda Green, frequently appears on Docx documents. The following list summarizes some of the many job titles used by Green.Contact Us:MortgageReductionLaw.com
JOB TITLES HELD BY LINDA GREEN
11-11-2004 & 06-22-2006
Vice President, Loan Documentation, Wells Fargo Bank, N.A., successor by merger to Wells Fargo
Home Mortgage, Inc.
08-11-2008 & 08-14-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
08-27-2008
Vice President, American Home Mortgage Servicing as successor-in-interest to Option One Mortgage Corporation
09-19-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit
09-30-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
09-30-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit
10-08-2009
Vice President & Asst. Secretary, American Home Mortgage Servicing, Inc., as servicer for Ameriquest Mortgage Corporation
10-16-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
10-17-2008, 11-20-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit
11-20-2008
Vice President, Option One Mortgage Corporation
12-08-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers Conduit
12-15-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for HLB Mortgage
12-24-2008
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
12-26-2008
Vice President, American Home Mortgage Servicing, Inc
01-13-2009
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for Family Lending Services, Inc
01-15-2009
Vice President, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for American Home Mortgage Acceptance, Inc
02-03-2009
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Broker Conduit
02-24-2009
Vice President, American Home Mortgage Servicing, Inc. as successor-in-interest to Option One Mortgage Corporation
02-25-2009
Vice President, Bank of America, N A
02-27-2009
Vice President, American Home Mortgage Servicing, Inc., as successor-in-interest to Option One Mortgage Corporation
03-02-2009
Vice President, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for American Home Mortgage
03-04-2009
Vice President, Argent Mortgage Company, LLC by Citi Residential Lending Inc., attorney-in-fact
03-06-2009 & 03-20-2009
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
04-15-2009, 04-17-2009, 04-20-2009
Vice President, Bank of America, N.A.
05-11-2009, 07-06-2009
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
07-14-2009
Vice President, Bank of America, N.A.
07-30-2009
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
08-12-2009
Vice President, Sand Canyon Corporation f/k/a Option One Mortgage Corporation
08-28-2009
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc.
09-03-2009
Asst. Vice President, Sand Canyon Corporation formerly known as Option One Mortgage Corporation
09-03-2009
Asst. Secretary, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for American Home Mortgage
09-04-2009
Asst. Secretary, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for American Home Mortgage
09-08-2009
Vice President, Bank of America, N.A.
09-21-2009 & 09-22-2009
Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc
ATTACHED TO THIS DOCUMENT OTHER DOCUMENTS SIGNED BY LINDA GREEN THAT SHOW THE VARIATIONS OF HER SIGNATURE
IT APPEARS AS IF THE SIGNATURE OF MS. GREEN COULD BE A FORGERY.Contact Us: MortgageReductionLaw.com
A forgery is a writing which falsely purports to be writing for another and is executed with the intent to defraud. Ordinarily a forged instrument cannot carry title.
THE SIGNATURE BELOW IS THE SIGNATURE IN THIS ASSIGNMENT OF DEED OF TRUST:Contact Us: MortgageReductionLaw.com
THE FOLLOWING SIGNATURES ARE FROM DIFFERENT DOCUMENTS RECORDEDIN DIFFERENT COUNTIES:
THIS WHOLE SYSTEM IS A FARCE. A BROKEN DOWN, FRAUDULENT, SHAKY, DISHONEST AND TERRIFYINGLY CORRUPT SYSTEM.
The press and the general public is starting to pick up on these major systemic issues that judges, attorneys and other insiders have known about for some time…when the whole system collapses we’ve all got a real mess on our hands.
As we all struggle to unravel this monstrous mess, breaking down capacity will be a key focus in the problem. We’re all going to be searching around to determine who to sue and where to sue them, but because the courts failed to enforce the most basic pleading requirement….i.e. specifically identify who the parties to the lawsuit are, this is going to be most difficult.
One of the persistent and most pervasive problems in the whole foreclosure crisis is the inability of any party to get reliable or credible information about what is owed on a mortgage, who that phantom amount is owed to and what negotiated amount a lender, servicer or other party involved in the transaction might accept to modify or short sale the underlying loan.
A very concerning issue is the publication on the MERS website of information that identifies who the servicer on a loan is and who the investor in that loan is. But, neither the servicer or investor matches up to the information in many cases.
When you combine all this information with the depositions of Robo signers that are posted on many website, you’ll understand that in a large number of cases, the only connection between the plaintiff foreclosing and the mortgage being foreclosed is a sloppy and hastily executed Assignment signed by an officer that has no corporate authority and has no personal knowledge of the information contained on those documents.
It’s simply not okay to use the “robosigning” practice in the non judicial foreclosure states because these foreclosure cases don’t have to go to court.
The following are some of the most clear legal reasons why the Robo-Signer Controversy should entitle hundreds of thousands of homeowners wrongfully foreclosed and evicted to sue in non judicial foreclosure states. Robo Signers are illegal because fraud cannot be the basis of clear title, trustee’s deeds following Robo Signed sales should be void as a matter of law, notarization is a recording requirement for many of the documents, which was often botched, and most importantly because robo signed falsifications are meant for use in court, including unlawful detainers and bankruptcy matters.Contact Us:MortgageReductionLaw.com
CALIFORNIA
1. Clear Title May Not Derive from a Fraud (including a bona fide purchaser for value).
In the case of a fraudulent transaction California law is settled. The Court in Trout v. Trout, (1934), 220 Cal. 652 at 656 stated:
“Numerous authorities have established the rule that an instrument wholly void, such as an undelivered deed, a forged instrument, or a deed in blank, cannot be made the foundation of a good title, even under the equitable doctrine of bona fide purchase. Consequently, the fact that defendant Archer acted in good faith in dealing with persons who apparently held legal title, is not in itself sufficient basis for relief.” (Emphasis added, internal citations omitted).
This sentiment was clearly echoed in 6 Angels, Inc. v. Stuart-Wright Mortgage, Inc. (2001) 85 Cal.App.4th 1279 at 1286 where the Court stated:
“It is the general rule that courts have power to vacate a foreclosure sale where there has been fraud in the procurement of the foreclosure decree or where the sale has been improperly, unfairly or unlawfully conducted, or is tainted by fraud, or where there has been such a mistake that to allow it to stand would be inequitable to purchaser and parties.” (Emphasis added).
If forged signatures are used to obtain the foreclosure it makes a difference!
2. Any apparent sale based on Robosigned documents or forged signatures should be void and without any legal effect.
In Bank of America v. LaJolla Group II, the California Court of Appeals held that if a trustee is not contractually empowered under the Deed of Trust to hold a sale, it is totally void. Voidness, as opposed to voidability, means that it is without legal effect. Title does not transfer. No right to evict arises. The property is not sold.
In turn, California Civil Code 2934a requires that the beneficiary execute, notarize and record a substitution for a valid Substitution of Trustee to take effect. Thus, if the Assignment of Deed of Trust, the Substitution of Trustee or the Notice of Default are Robo-Signed, the sale should be void.Contact Us:MortgageReductionLaw.com
3. These documents are not recordable without good notarization.
In California, the reason these documents are notarized in the first place is because otherwise they will not be accepted by the County recorder. Moreover, a notary who helps commit real estate fraud is liable for $25,000 per offense.
Once the document is recorded, however, it is entitled to a “presumption of validity”, which is what spurned the falsification trend in the first place. California Civil Code Section 2924. Therefore, the notarization of a false signature not only constitutes fraud, but is every bit intended as part of a larger conspiracy to commit fraud on the court.
4. The documents are intended for court eviction proceedings.
A necessary purpose for these documents, after the non judicial foreclosure, is the eviction of the rightful owners afterward. Even in California, eviction is a judicial process, albeit summary and often sloppily conducted by judges who don’t really believe they can say no to the pirates taking your house. However, as demonstrated below, once these documents make it into court, the bank officers and lawyers become guilty of felonies:
California Penal Code section 118 provides (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.Contact Us: MortgageReductionLaw.com
This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.
Penal Code section 132 provides: Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or ante-dated, is guilty of felony.
The Doctrine of Unclean Hands provides: plaintiff’s misconduct in the matter before the court makes his hands “unclean” and he may not hold with them the pristine remedy of injunctive relief. California Satellite Sys. v Nichols (1985) 170 CA3d 56, 216 CR 180. California’s unclean hands rule requires that the Plaintiff don’t cheat, and behave fairly. The plaintiff must come into court with clean hands, and keep them clean, or he or she will be denied relief, regardless of the merits of the claim. Kendall-Jackson Winery Ltd. v Superior Court (1999) 76 CA4th 970, 978, 90 CR2d 743. Whether the doctrine applies is a question of fact. CrossTalk Prods., Inc. v Jacobson (1998) 65 CA4th 631, 639, 76 CR2d 615.
5. Robo Signed Documents Are Intended for Use in California Bankruptcy Court Matters. One majorly overlooked facet of California is our extremely active bankrtupcy court proceedings, where, just as in judicial foreclosure states, the banks must prove “standing” to proceed with a foreclosure. If they are not signed by persons with the requisite knowledge, affidavits submitted in bankruptcy court proceedings such as objections to a plan and Relief from Stays are perjured.
The documents in support are often falsified evidence.
CONCLUSION
Verified eviction complaints, perjured motions for summary judgment, and all other eviction paperwork after robo signed non judicial foreclosures in California and other states are illegal and void. The paperwork itself is void. The sale is void. But the only way to clean up the hundreds of thousands of effected titles is through litigation, because even now the banks will simply not do the right thing. And that’s why robo signers count in non-judicial foreclosure states. Victims of robosigners in California may seek declaratory relief, damages under the Rosenthal Act; an injunction and attorneys fees for Unfair Business practices, as well as claims for slander of title; abuse of process, civil theft, and conversion.Contact Us: MortgageReductionLaw.com
Related articles
- Say No to Lenders Fraud! (timothymccandless.wordpress.com)
- Iowa leaders predict more foreclosure woes (thegazette.com)
- STUDY: Mortgage Assignments to Washington Mutual Trusts Are Fraudulent (via Livinglies's Weblog) (timothymccandless.wordpress.com)
- Foreclosures slow to trickle as lenders adapt (msnbc.msn.com)
- New Foreclosure Blogs Posted (theforeclosuredetonator.wordpress.com)
- Distressed Homeowners Appeal to Third Circuit in Foreclosure Fraud Class Action Against Countrywide, Wells Fargo and Phelan Hallinan & Schmieg (prweb.com)
- Attorney Helps Californians With Foreclosures, Offers Workshop (inquisitr.com)
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