http://4closurefraud.org/2010/03/26/scandalous-substantiated-allegations-of-foreclosure-fraud-that-implicates-the-florida-attorney-generals-office-and-the-florida-default-law-group/
Yes this is going to become very messy.
Check whats happening in your own state.
Why isn’t the Florida Attorney General’s Office doing more to protect citizens from foreclosure fraud and foreclosure rescue fraud?
And now the bombshell….Florida Default Law is fighting like bloody hell not to have these depositions taken….they’re filing Motion after Motion and have made it quite clear that they have no intention of ever letting these witnesses be sat for deposition.
What does it say about how deep this rabbit hole goes when attorneys are refusing to answer any questions relating to evidence they created and have filed in courtrooms across the state?
What does it say when attorneys are ignoring court orders to have their depositions taken after a judge has heard their objections and found them without merit?
What does it say about how many layers their are on this stinking onion when the Florida Attorney General’s Office is implicated in allegations of fraud on the Courts of this state?
Attached here is a must read Motion along with a copy of a transcript from a hearing held in a Volusia County Courtroom. The Motion lays out a very disturbing set of allegations…
This is a foreclosure action filed by WELLS FARGO BANK, NA (the “BANK”). The BANK is represented by Florida Default Law Group, P.L. (“FDLG”). On behalf of the BANK in this case, and on behalf of other clients in other cases, FDLG filed affidavits to establish that the attorneys’ fees it was allegedly paid were reasonable. The affidavits purport to have been executed by Lisa Cullaro, the appointed expert on attorneys’ fees. The notary who allegedly administered the expert’s oath and vouched for her signature was Erin Cullaro, a former employee of FDLG and now an Assistant Attorney General in the Economic Crimes Division of the Office of the Attorney General.
Economic Crimes Division. The same Economic Crimes Division that investigates firms like the FDLG?
What is it that William Black said?
“The Best Way to Rob a Bank Is to Own One“
Well How about this…
“The best way to stop a criminal investigation is to become one of the investigators“
Not only was Erin just a former employee, it looks like she was one of the lead counsel for Michael Echeverria, the owner of FDLG (Florida Default Law Group)
Just recently their website http://www.echevarria.com/AttorneyProfiles.htm went “offline” but Google cashed version is here…
I also archived it here…
The public records request also revealed that Ms. Cullaro completed a “Request for Approval of Dual Employment” (From the Florida Attorney General’s Office) in which she certified that her secondary job notarizing documents “does not create a conflict of interest (as specified in Chapter 112, Part III, Florida Statutes) nor the appearance of impropriety…” Ms. Cullaro’s dual employment was limited to Mondays, Wednesdays and Fridays between 7:00 p.m. to 7:15 p.m. Defendants proffer that they will show affidavits executed on days other than those approved by the Office of the Attorney General and that travel records suggest that Ms. Cullaro would have not been present in Florida on the date and time that an affidavit was notarized.
Here are the signatures to compare…
Showing posts with label Mortage foreclosures. Show all posts
Showing posts with label Mortage foreclosures. Show all posts
Saturday, October 2, 2010
Shock Therapy For Wall Street
http://www.rense.com/general92/shock.htm
I knew the other states were sitting on the same 4 leaf clover.
MERS breaks the clear chain of title.
How much was your life worth within reason?
Punitive damages surely must apply.
The anxiety from the foreclosure experience alone holds a certain value.
Think suicide or divorce from the stress overload.
Restitution for personal pain and suffering is really not to much to ask for.
And the only corrective instrument can come from the original owner. That homeowner is sitting in the catbird seat and doesn't know it. Millions of people who THINK they have lost their homes still own them and if anyone wants a signature from those people to clear title, they are going to be required to pay dearly, which is at it should be.
What About the Non-judicial Foreclosure States?
Foreclosures have been suspended by JPMorgan, GMAC and BOA in 23 states, but what about the rest? The others are non-judicial foreclosure states, which means they allow foreclosure through a power of sale clause in a deed of trust without going to court. The presumption is that if the lender doesn't have to prove his standing to sue before a judge, he can proceed. State laws in non-judicial states allow the sale of a property to satisfy a foreclosure as long as the trustee follows the regulations concerning notice. That would seem to violate Constitutional due process, but the United States Constitution has held that due process protections apply only when the government is involved in the taking of property. When a deed of trust and promissory note are executed between two private parties (homeowners and lenders), there is no automatic due process protection. The homeowners agreed to it in writing; case closed.
But here's the catch: what if the lender signing the original documents is not the party foreclosing on the property? Then it becomes a question of fact whether the foreclosing party has authority to proceed, and that makes it a judicial issue a question of fact for the courts. If the foreclosing party can show a clear chain of title an assignment or progression of assignments from the original lender to himself he is home free. But courts have increasingly been holding that MERS breaks the chain of title. Foreclosure expert Neil Garfield argues that even in non-judicial foreclosure states, that means the investors have to go to court to prove their case. And when they do, they will run up against the brick wall of MERS. He concludes:
"There will be a head-slapping moment when title carriers, attorneys, judges and administrative agencies and clerks suddenly realize that the monster created on Wall Street has its equivalent in the public records of counties across the nation. I doubt if more than 6-7% of all the foreclosures in the past 10 years have resulted in clear title delivered to anyone. And the only corrective instrument can come from the original owner. That homeowner is sitting in the catbird seat and doesn't know it. Millions of people who THINK they have lost their homes still own them and if anyone wants a signature from those people to clear title, they are going to be required to pay dearly, which is at it should be. Eventually the purse gets returned to the victim from whom it was snatched."
I knew the other states were sitting on the same 4 leaf clover.
MERS breaks the clear chain of title.
How much was your life worth within reason?
Punitive damages surely must apply.
The anxiety from the foreclosure experience alone holds a certain value.
Think suicide or divorce from the stress overload.
Restitution for personal pain and suffering is really not to much to ask for.
And the only corrective instrument can come from the original owner. That homeowner is sitting in the catbird seat and doesn't know it. Millions of people who THINK they have lost their homes still own them and if anyone wants a signature from those people to clear title, they are going to be required to pay dearly, which is at it should be.
What About the Non-judicial Foreclosure States?
Foreclosures have been suspended by JPMorgan, GMAC and BOA in 23 states, but what about the rest? The others are non-judicial foreclosure states, which means they allow foreclosure through a power of sale clause in a deed of trust without going to court. The presumption is that if the lender doesn't have to prove his standing to sue before a judge, he can proceed. State laws in non-judicial states allow the sale of a property to satisfy a foreclosure as long as the trustee follows the regulations concerning notice. That would seem to violate Constitutional due process, but the United States Constitution has held that due process protections apply only when the government is involved in the taking of property. When a deed of trust and promissory note are executed between two private parties (homeowners and lenders), there is no automatic due process protection. The homeowners agreed to it in writing; case closed.
But here's the catch: what if the lender signing the original documents is not the party foreclosing on the property? Then it becomes a question of fact whether the foreclosing party has authority to proceed, and that makes it a judicial issue a question of fact for the courts. If the foreclosing party can show a clear chain of title an assignment or progression of assignments from the original lender to himself he is home free. But courts have increasingly been holding that MERS breaks the chain of title. Foreclosure expert Neil Garfield argues that even in non-judicial foreclosure states, that means the investors have to go to court to prove their case. And when they do, they will run up against the brick wall of MERS. He concludes:
"There will be a head-slapping moment when title carriers, attorneys, judges and administrative agencies and clerks suddenly realize that the monster created on Wall Street has its equivalent in the public records of counties across the nation. I doubt if more than 6-7% of all the foreclosures in the past 10 years have resulted in clear title delivered to anyone. And the only corrective instrument can come from the original owner. That homeowner is sitting in the catbird seat and doesn't know it. Millions of people who THINK they have lost their homes still own them and if anyone wants a signature from those people to clear title, they are going to be required to pay dearly, which is at it should be. Eventually the purse gets returned to the victim from whom it was snatched."
Giving you the tools to save your home.
http://www.loanfraudinvestigations.com/mers
It bothers me that the foreclosures have been stopped in only 23 states, rather than 50.
Fraud is fraud no matter what state it's committed in.
It bothers me that the foreclosures have been stopped in only 23 states, rather than 50.
Fraud is fraud no matter what state it's committed in.
HOMEOWNERS' REBELLION:COULD 62 MILLION HOMES BE FORECLOSURE-PROOF?
http://www.webofdebt.com/articles/homeowners.php
Over 62 million mortgages are now held in the name of MERS, an electronic recording system devised by and for the convenience of the mortgage industry. A California bankruptcy court, following landmark cases in other jurisdictions, recently held that this electronic shortcut makes it impossible for banks to establish their ownership of property titles—and therefore to foreclose on mortgaged properties. The logical result could be 62 million homes that are foreclosure-proof.
Mortgages bundled into securities were a favorite investment of speculators at the height of the financial bubble leading up to the crash of 2008. The securities changed hands frequently, and the companies profiting from mortgage payments were often not the same parties that negotiated the loans. At the heart of this disconnect was the Mortgage Electronic Registration System, or MERS, a company that serves as the mortgagee of record for lenders, allowing properties to change hands without the necessity of recording each transfer.
MERS was convenient for the mortgage industry, but courts are now questioning the impact of all of this financial juggling when it comes to mortgage ownership. To foreclose on real property, the plaintiff must be able to establish the chain of title entitling it to relief. But MERS has acknowledged, and recent cases have held, that MERS is a mere “nominee”—an entity appointed by the true owner simply for the purpose of holding property in order to facilitate transactions. Recent court opinions stress that this defect is not just a procedural but is a substantive failure, one that is fatal to the plaintiff’s legal ability to foreclose.
That means hordes of victims of predatory lending could end up owning their homes free and clear—while the financial industry could end up skewered on its own sword.
California Precedent
Over 62 million mortgages are now held in the name of MERS, an electronic recording system devised by and for the convenience of the mortgage industry. A California bankruptcy court, following landmark cases in other jurisdictions, recently held that this electronic shortcut makes it impossible for banks to establish their ownership of property titles—and therefore to foreclose on mortgaged properties. The logical result could be 62 million homes that are foreclosure-proof.
Mortgages bundled into securities were a favorite investment of speculators at the height of the financial bubble leading up to the crash of 2008. The securities changed hands frequently, and the companies profiting from mortgage payments were often not the same parties that negotiated the loans. At the heart of this disconnect was the Mortgage Electronic Registration System, or MERS, a company that serves as the mortgagee of record for lenders, allowing properties to change hands without the necessity of recording each transfer.
MERS was convenient for the mortgage industry, but courts are now questioning the impact of all of this financial juggling when it comes to mortgage ownership. To foreclose on real property, the plaintiff must be able to establish the chain of title entitling it to relief. But MERS has acknowledged, and recent cases have held, that MERS is a mere “nominee”—an entity appointed by the true owner simply for the purpose of holding property in order to facilitate transactions. Recent court opinions stress that this defect is not just a procedural but is a substantive failure, one that is fatal to the plaintiff’s legal ability to foreclose.
That means hordes of victims of predatory lending could end up owning their homes free and clear—while the financial industry could end up skewered on its own sword.
California Precedent
Thursday, September 30, 2010
Senator Franken Sends Letter To Bernanke, Bair And Holder Demanding Criminal Charges For All Responsible For Biggest Alleged Mortgage Fraud In History
http://www.zerohedge.com/article/senator-franken-sends-letter-bernanke-bair-and-holder-demanding-criminal-charges-all-respons
No wonder they didn't want Al on board. He's fiesty that's for sure.
This was to good to be true, except it is lol.
He also sent a copy to Elizabeth Warren as well as Obama
The biggest financial story which continues to get absolutely no mention on CNBC just got its latest multi-step escalation: Senator Al Franken has just blasted a letter to Tim Geithner, Shaun Donovan, Secretary of Housing and Urban Development, Eric Holder, John Walsh, Controller of the Currency, Sheila Bair, and, drumroll, Ben Bernanke, telling the recipients that "each of your agencies has an important role to play in addressing this egregious situation and holding all appropriate actors fully accountable. As such, I respectfully request that you collaborate to conduct a thorough investigation into the alleged misconduct. As part of this investigation, it is crucial that Ally and its employees are held fully accountable for any criminal misconduct." Since if this pervasive mortgage fraud is more than just alleged, the stink will reach to the very top of places like JP Morgan, Ally, and possibly every single bank that has been in the mortgage origination business, something tells us that Ben Bernanke, whose job is precisely to protect the banks' interests will not rush into any investigation for the duration of FASB's existence. It gets better: "Additionally, all homeowners who may have experienced illegitimate foreclosure sales, those who have been forced to defend against illegitimate foreclosure actions, and those who have been harmed must be identified. These individuals must receive proper restitution and compensation, as provided for under the law." And the punchline: "It is critical to confirm that no loans provided through the FHA or in conjunction with the HAMP program were associated with Ally's misconduct." Yes, oddly enough the government is about to lose even more credibility once it is discovered that it worked in collaboration with the biggest mortgage fraud scheme in history.
The letter concludes:
No wonder they didn't want Al on board. He's fiesty that's for sure.
This was to good to be true, except it is lol.
He also sent a copy to Elizabeth Warren as well as Obama
The biggest financial story which continues to get absolutely no mention on CNBC just got its latest multi-step escalation: Senator Al Franken has just blasted a letter to Tim Geithner, Shaun Donovan, Secretary of Housing and Urban Development, Eric Holder, John Walsh, Controller of the Currency, Sheila Bair, and, drumroll, Ben Bernanke, telling the recipients that "each of your agencies has an important role to play in addressing this egregious situation and holding all appropriate actors fully accountable. As such, I respectfully request that you collaborate to conduct a thorough investigation into the alleged misconduct. As part of this investigation, it is crucial that Ally and its employees are held fully accountable for any criminal misconduct." Since if this pervasive mortgage fraud is more than just alleged, the stink will reach to the very top of places like JP Morgan, Ally, and possibly every single bank that has been in the mortgage origination business, something tells us that Ben Bernanke, whose job is precisely to protect the banks' interests will not rush into any investigation for the duration of FASB's existence. It gets better: "Additionally, all homeowners who may have experienced illegitimate foreclosure sales, those who have been forced to defend against illegitimate foreclosure actions, and those who have been harmed must be identified. These individuals must receive proper restitution and compensation, as provided for under the law." And the punchline: "It is critical to confirm that no loans provided through the FHA or in conjunction with the HAMP program were associated with Ally's misconduct." Yes, oddly enough the government is about to lose even more credibility once it is discovered that it worked in collaboration with the biggest mortgage fraud scheme in history.
The letter concludes:
Ohio SecState Sends Criminal Referral To US AG Over Mortgage Scandal
http://www.zerohedge.com/article/ohio-secstate-send-criminal-referral-us-ag-over-mortgage-scandal
Thank God for Zerohedge because MSM (main stream media) is as useless as 2 tits on a bull.
Since the mainstream media has declared a black out on any coverage of the ongoing Mortgage Scandal, here is the latest: Ohio Secretary of State Brunner has sent a criminal referral to the US attorney general over ubiquitous mortgage fraud.
We will bring you more as we see it.
Thank God for Zerohedge because MSM (main stream media) is as useless as 2 tits on a bull.
Since the mainstream media has declared a black out on any coverage of the ongoing Mortgage Scandal, here is the latest: Ohio Secretary of State Brunner has sent a criminal referral to the US attorney general over ubiquitous mortgage fraud.
We will bring you more as we see it.
JPMorgan Suspending Foreclosures
http://www.nytimes.com/2010/09/30/business/30mortgage.html?ref=business
So if they have been doing it wrong now, what have they been doing for the past 3 years?
It's called foreclosing on homes you don't hold a title for....in other words.....FRAUD.
There are millions of homes that have been processed for foreclosure in the past in this very same manner.
Ladies and Gentleman this is a very wide spread Corporate crime that entails millions of victims.
The punitive damages alone should bust this bank and many more like them.
It takes alot of audacity to take taxpayer funding to keep your doors open from the bad bets of gambling habits and the commit fraud against them to reap even more.
JPMorgan Suspending ForeclosuresBy DAVID STREITFELD
In a sign that the entire foreclosure process is coming under pressure, a second major mortgage lender said that it was suspending court cases against defaulting homeowners so it could review its legal procedures.
The lender, JPMorgan Chase, said on Wednesday that it was halting 56,000 foreclosures because some of its employees might have improperly prepared the necessary documents. All of the suspensions are in the 23 states where foreclosures must be approved by a court, including New York, New Jersey, Connecticut, Florida and Illinois.
So if they have been doing it wrong now, what have they been doing for the past 3 years?
It's called foreclosing on homes you don't hold a title for....in other words.....FRAUD.
There are millions of homes that have been processed for foreclosure in the past in this very same manner.
Ladies and Gentleman this is a very wide spread Corporate crime that entails millions of victims.
The punitive damages alone should bust this bank and many more like them.
It takes alot of audacity to take taxpayer funding to keep your doors open from the bad bets of gambling habits and the commit fraud against them to reap even more.
JPMorgan Suspending ForeclosuresBy DAVID STREITFELD
In a sign that the entire foreclosure process is coming under pressure, a second major mortgage lender said that it was suspending court cases against defaulting homeowners so it could review its legal procedures.
The lender, JPMorgan Chase, said on Wednesday that it was halting 56,000 foreclosures because some of its employees might have improperly prepared the necessary documents. All of the suspensions are in the 23 states where foreclosures must be approved by a court, including New York, New Jersey, Connecticut, Florida and Illinois.
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