AZ NOTARY GRUNTMEIR SUSPENDED IN TIFFANY AND BOSCO CASES

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SEE ARIZONA NOTARY GRUNTMEIER SUSPENDED IN TIFFANY AND BOSCO CASES

SEE www.notarycomplaint.com

PRO SE LITIGANT BECOMES EXPERT IN NOTARY ISSUES: JOHN STUART and a band of people he trained had a lot to do with this case reported below. John zoned in on notary issues as what he perceived to be the best place to hit the pretender lenders. The notaries are all licensed and bonded, they are liable for damages they create, and their employers probably are also liable. He may be right. It’s like mail fraud — like the line in the movie “The Firm” — it’s not sexy but it sure has teeth.

In a case with potentially far reaching implications the Secretary of State in Arizona investigated and suspended a Notary employed by the large foreclosure mill in Phoenix, Az. Tiffany and Bosco has been the subject of numerous investigations of forgery, fabrication of documents for litigation, robo-signing, and invalid (fraudulent) notarization.

But the Secretary was careful to point out that while there was a finding of improper conduct warranting a 90 day suspension, the determination as to the validity of any document notarized was for a judicial tribunal to determine. For those documents that require notarization to be valid, the document under Arizona law would be invalidated completely — but only after being properly alleged and brought to the attention of a court of competent jurisdiction.

For those documents requiring notary in order to be recorded, the document would be subject to being expunged from the title record, but the document itself could be found to be “valid” insofar as it is being used for purposes outside the recording statute.

At LIVINGLIES, we know that dozens of these investigations are currently pending all over the country. This decision is likely to bring hundreds if not thousands of similar complaints. The notary seal and signature in this case had been used on thousands of documents involving foreclosure and challenges to lenders claiming to be the creditor of the homeowner. The presence of an established invalid notary combined with a long-standing pattern of conduct brings to mind many causes of action to re-open or contest foreclosure cases and to contest competing claims from multiple entities on the same obligation.

Of particular note is that the signatures that were improperly and falsely notarized include the named partner of the firm, Michael Bosco, whose name appears on many thousands of documents purporting to substitute trustees, assign mortgages and ratify actions taken by pretender lenders.

The false notarization also give at least partial corroboration of many reports that Bosco himself had not actually signed the documents and that therefore the documents were probably void or voidable. Thus the decision regarding the notary also casts in doubt the signature that was being notarized.

If the signature was not properly affixed AND the signature was not properly notarized AND the signature was unauthorized, then it is difficult to imagine any scenario under which the document would be considered anything but void. A void substitution of trustee would mean that ALL actions taken subsequent to the invalid substitution were similarly void. That would include but not be limited to Notice of Default, Notice of Sale, Foreclosure Suit, Collection efforts, Motion to Lift Stay, foreclosure auction, sale or deed.

Because of the new laws allowing electronic signatures there is no reason for these improprieties unless the parties knew that the documents were false representations to the Court and to the general public via the title registry. Thus the argument that these were isolated instances caused by volume simply does not stand up under even the slightest scrutiny. Even reluctant people in law enforcement are likely to sit up and take notice of this. There seems to be no description of this behavior except criminal forgery.

The perpetrators are those law firms and document preparation services that engage in these activities and their clients who are in most cases large banks with more than adequate resources to know what was going on and more probably, ordered the work to be done with full knowledge of the illegal nature of this conduct.

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, notary, quiet title, rescission, RESPA, securitization, suspension, Tiffany and Bosco, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |